TPB Paper No · periphery of the freshwater/brackish marsh near the coast, amidst patches of marshy areas in the east or situated at the foothills in the inland. Natural streams flow

TPB Paper No.9982 For Consideration by the Town Planning Board

on 28.8.2015

DRAFT KUK PO, FUNG HANG AND YUNG SHUE AU

OUTLINE ZONING PLAN NO. S/NE-KP/B PRELIMINARY CONSIDERATION OF A NEW PLAN

1. Purpose

The purpose of this paper is to seek Members’ agreement: (a) that the draft Kuk Po, Fung Hang and Yung Shue Au Outline Zoning Plan (OZP)

No. S/NE-KP/B (the Plan) (Appendix I) together with its Notes (Appendix II) are suitable for consultation with the North District Council (NDC) and Sha Tau Kok District Rural Committee (STKDRC); and

(b) that the Explanatory Statement (ES) (Appendix III) is an expression of the planning intentions and objectives of the Town Planning Board (the Board) for the various land use zonings of the draft OZP and is suitable for consultation with the NDC and STKDRC together with the draft OZP.

2. Background 2.1 On 8.3.2013, the draft Kuk Po, Fung Hang and Yung Shue Au Development

Permission Area (DPA) Plan No. DPA/NE-KP/1 was exhibited for public inspection under section 5 of the Town Planning Ordinance (the Ordinance). During the two-month exhibition period, a total of 12 representations and no comments were received. After giving consideration to the representations on 6.12.2013, the Board decided not to propose any amendment to the draft DPA Plan to meet the representations.

2.2 On 11.3.2014, the Chief Executive in Council (CE in C), under section 9(1)(a)

of the Ordinance, approved the draft Kuk Po, Fung Hang and Yung Shue Au DPA Plan, which was subsequently renumbered as DPA/NE-KP/2. On 21.3.2014, the approved Kuk Po, Fung Hang and Yung Shue Au DPA Plan No. DPA/NE-KP/2 was exhibited for public inspection under section 9(5) of the Ordinance.

2.3 Pursuant to section 20(5) of the Ordinance, the Kuk Po, Fung Hang and Yung

Shue Au DPA Plan is effective for a period of three years until 8.3.2016. An OZP has to be prepared to replace the DPA Plan in order to maintain statutory planning control over the Area upon expiry of the DPA Plan.

2.4 On 23.6.2015, under the power delegated by the Chief Executive, the Secretary

for Development directed the Board, under section 3(1)(a) of the Ordinance, to prepare an OZP to cover the Kuk Po, Fung Hang and Yung Shue Au area.

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3. Planning Context (Plans 1 to 3)

3.1 The Planning Scheme Area (the Area) covering a total land area of about 90.72

ha, comprises three sub-areas, namely Fung Hang, Kuk Po and Yung Shue Au. It is surrounded by the Plover Cove Country Park (PCCP) at the northeastern fringe of the New Territories and fronting the Starling Inlet in the north.

3.2 According to the ‘Landscape Value Mapping of Hong Kong (2005)’, the Area is

characterized as “Settled Valley Landscape” which is defined largely by its valley topography having a strong sense of enclosure and tranquility, and a system of active and abandoned agricultural fields together with villages. Surrounded by woodlands and fronting Starling Inlet, the Area has typical Fung Shui village layout in the New Territories with village settlements in a “water facing home that backs on to hills” setting with rich landscape resources such as mangroves, ponds and marshlands. In general, the Area is natural and rural in character and has high landscape and scenic value (Figures 5a to 5c of Appendix IV).

3.3 In the ‘Study on the Enhancement of the Sha Tau Kok Rural Township and

Surrounding Areas – Feasibility Study’1

(the STK Study) completed in 2013, the Area is included in the Linkage Area comprising part of the coastal area and major outer islands near STK (Figure 1b of Appendix IV). The Linkage Area is of high ecological and landscape value, and its tranquil rural setting should be preserved as far as possible for both local residents and visitors. Some small-scale conceptual enhancement proposals with minor construction works are proposed to enhance the tourism potential of the Linkage Area without compromising the ecologically-sensitive environment. These include provision of public toilet in Kuk Po and Yung Shue Au and installation of information board in Kuk Po, Fung Hang and Yung Shue Au.

3.4 Details of the land use considerations are contained in the Planning Report on Kuk Po, Fung Hang and Yung Shue Au at Appendix IV. Some major issues in relation to the proposed zonings are stated in the following paragraphs.

4. Issues Arising from Consideration of the DPA Plan 4.1 During the exhibition period of the draft DPA Plan, a total of 12 representations

were received. The major land use proposals raised by the representers are recapitulated below:

(a) The villagers’ group2

1 The overall objective of the STK Study is to formulate an Integrated Area Improvement Plan, setting out comprehensive improvement proposals to enhance the physical environment of the STK Town and its surrounding areas. It strives to strike a balance between nature conservation, cultural heritage protection, development of tourist destinations and long-term sustainability of the villages. The Linkage Area comprises areas including Fung Hang, Kuk Po, Yung Shue Au, So Lo Pun, Lai Chi Wo, Sam A Tsuen, Ap Chau and Kat O. Village settlements are scattered in the Linkage Area.

objected to the draft DPA Plan or offered views that

2 Villagers’ group include NDC, STKDRC, Village Representatives (VRs) of Fung Hang and Kuk Po, villagers of Fung Hang and Globalink Architects Ltd. (concerning Yung Shue Au).

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the “Village Type Development” (“V”) zones were insufficient. They proposed to expand the “V” zones and designate the “Unspecified Use” area as “Recreation” (“REC”) and for reserving land for infrastructure facilities; and

(b) The green/concern groups3

generally supported the draft DPA Plan or expressed concerns on the excessive “V” zones. They proposed to reduce the “V” zones, designate appropriate conservation zonings and incorporate the Area into the Country Park.

4.2 On 6.12.2013, the Board decided not to propose any amendment to the draft DPA Plan to meet the representations. It was agreed that detailed land use zonings would be worked out during the OZP preparation stage taking account of the results of relevant assessments on various aspects including Small House demand and developments, conservation value, the environmental and infrastructural constraints, and landscape character, etc in consultation with relevant Government departments and stakeholders.

5. Object of the Plan The object of the Plan is to indicate the broad land use zonings for the Area so that development and redevelopment within the Area can be put under statutory planning control. It also provides the planning framework for preparing more detailed non-statutory plans which form the basis for public works planning and site reservation for various uses.

6. The Planning Scheme Area (Plans 1 to 3 and Figures 5 and 6 of Appendix IV)

6.1 The Area, covering a total land area of about 90.27 ha, comprises three sub-areas, namely Fung Hang (about 9.32 ha), Kuk Po (about 62.82 ha) and Yung Shue Au (about 18.13 ha). It is surrounded by the PCCP and fronting the Starling Inlet in the north. According to the 2011 Population Census, the population in the Area is 67 persons.

6.2 The Area is not served by any vehicular access and the nearest public road,

Bride’s Pool Road, is situated near Kai Kuk Shue Ha to the west in Luk Keng. There is a walking trail running along the southern coast of Starling Inlet connecting the Area to Luk Keng. There are also piers/jetties4

in Fung Hang, Kuk Po and Yung Shue Au where small boats would berth.

6.3 Surrounded by the PCCP on three sides, and comprising mainly woodland, shrubland, fallow agricultural land, low-lying wetland habitat (including freshwater/brackish marsh, intertidal water pond/mudflat, mangrove, reedbed,

3 Green/concern groups include Kadoorie Farm & Botanic Garden Corporation, World Wide Fund for Nature Hong Kong, Designing Hong Kong Limited, The Conservancy Association, Hong Kong Entomological Society and individuals. 4 Starling Inlet which the piers at Fung Hang and Kuk Po front and through which vessels from Sha Tau Kok town to Yung Shue Au is designated as a Frontier Closed Area. As advised by Marine Department, in the three sub areas, there is no “kaito” ferry service currently in operation but piers/jetties therein enable berthing of small boats.

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seagrass), stream course, estuarine mangrove and rocky/sandy shore, the Area forms part of the wider natural system of the Plover Cove countryside. In general, the Area is natural and rural in character with high landscape and scenic value and is popular to visitors and hikers for its seaside walk.

Fung Hang 6.4 Fronting Starling Inlet in the north, Fung Hang mainly comprises an elongated

vegetated knoll in the middle separating two tracts of flat land, which are gradually sloping uphill to the mountains in the south. The woodland in the south and west is adjoining the PCCP. There are some plant species of conservation significance and butterfly species of conservation concern in the sub-area. Fung Hang Village occupies the larger tract of flat land in the eastern part of the sub-area, which is flanked by the mature woodland5

on the vegetated knoll to the southwest and the freshwater/brackish marsh mainly comprising pond, mangrove and reedbed on the low-lying coastal area to the northeast. A natural stream flows in the north-south direction in the western part of the sub-area. The coast comprises a dam and a short strip of rocky shore and estuarine mangrove in the west. Fallow agricultural lands mainly covered with grasses and shrubs can be found in front of and adjoining the existing village cluster, as well as along the natural stream.

6.5 Fung Hang is the only recognized village in the sub-area. There is an eatery/provision store serving visitors and hikers during the holidays, and a permitted burial ground on the hillslope along the northwestern edge.

Kuk Po 6.6 The Kuk Po is dominated by a large piece of flat land at the coastal area facing

Tai Wan to the northwest and two strips of flat land sandwiched between the hillslopes extending inland to the south. It is surrounded by vegetated hillslopes on three sides adjoining PCCP and the coastal front is mainly defined by a long dam with sandy/rocky shore in the eastern and western ends. Village clusters are scattered along the periphery of the freshwater/brackish marsh near the coast, amidst patches of marshy areas in the east or situated at the foothills in the inland. Natural streams flow across the sub-area from the highland in the south to the coastal marshland in the north.

6.7 There are recognized villages namely Kuk Po Lo Wai and Kuk Po San Uk Ha

and the inland villages of Yi To, Sam To, Sze To and Ng To. Mature woodlands behind villages are located at Kuk Po Lo Wai, Kuk Po San Uk Ha, Sam To and Ng To where plant species of conservation significance can be found. The freshwater/brackish marsh in Kuk Po mainly comprises pond/mudflat, mangrove and reedbed. Patches of marshy areas are found on the seasonally wet grassland/shrubland mosaic mainly in the eastern part of Kuk Po. A section of the natural stream flowing across the sub-area from Ng To to Kuk Po San Uk Ha of about 1km is considered as an Ecologically Important Stream (EIS). Kuk Po is identified as a hotspot for both freshwater fish and butterfly. Together with the coastal habitats, the wetland complex supports a high diversity of dragonflies

5 According to Agriculture, Fisheries and Conservation Department, mature woodland behind village is generally referred to as “Fung Shui Woodland”.

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and freshwater fishes which are of conservation significance. The natural woodland and the coastal wetland provide a good habitat for over 100 species of butterflies. Wetland plants of conservation concern are also recorded. Fallow agricultural lands mainly covered with grasses and shrubs basically spread around the existing village clusters, with those around Kuk Po Lo Wai and Kuk Po San Uk Ha having turned into patches of marshy areas.

6.8 There is an eatery/provision store in Kuk Po Lo Wai serving visitors and hikers

during the holidays. Kai Choi School and Hip Tin Temple, and Yeung Ancestral Hall and Li Ancestral Hall at Kuk Po Lo Wai are Grade 3 historic buildings worthy of preservation. Also, Kuk Po Site of Archaeological Interest largely falls within the sub-area. There is a permitted burial ground on the hillslope along the northeastern edge of Kuk Po.

Yung Shue Au 6.9 In Yung Shue Au, a large piece of flat land fronting Yung Shue Au Wan in the

northeast extends into a narrow valley in the southwest surrounded by vegetated hillslopes. Yung Shue Au6

Village is a long strip of village cluster, situated between the freshwater/brackish marsh on the low-lying coastal area to the east and the mature woodland on the vegetated hillslopes on the west. A dam dominates the coastal front with sandy/rocky shore at its eastern end.

6.10 A mature woodland can be found behind Yung Shue Au Village at the foothill of the PCCP. Species of conservation concern are recorded. The freshwater/brackish marsh near the coast mainly comprises pond/mudflat, mangrove, reedbed and seagrass. There is also a small area of freshwater marsh near the southern fringe in the valley area. An EIS of about 750 m in length flowing across the sub-area continuously supplies freshwater to the wetlands. The sub-area is identified as a hotspot for freshwater fishes with records of a rare goby. Other species of conservation concern are also recorded. Fallow agricultural lands mainly covered with grasses and shrubs are located near the village cluster.

6.11 Yung Shue Au is the only recognized village in the sub-area. Besides, there are

some abandoned barracks near the entrance of the village which were established in the early 1980s by the British army to guard against illegal immigrants.

7. Development Proposals received in the Course of Preparation of the Plan

7.1 Since the gazettal of the draft DPA Plan on 8.3.2013, no planning application in the Area has been received. In the course of preparing the OZP, some views/proposals were received from concerned parties and they are set out below. KFBG made a submission which contains the ecological information and a land use proposal for the Area on 3.6.2015 (Appendix V) and a meeting with the KFBG, Hong Kong Bird Watching Society, Designing Hong Kong Limited, World Wide Fund for Nature Hong Kong and The Conservancy

6 According to District Lands Officer/North, Lands Department’s record, the English Name of the recognized village at Yung Shue Au is read as "Yun Shue Au".

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Association was conducted on 16.6.2015 to briefly exchange views on the submission which suggests that:

(a) “CA” or ”Green Belt (1)” (“GB(1)”) zones should cover the areas of

mature woodlands, secondary woodlands, wetland complexes, seasonally wet grassland/shrubland mosaic, the stream courses and their 30m-wide riparian zones; and

(b) “V” zones should neither be located in the wetland complexes,

seasonally wet habitats and riparian zones, nor immediately adjacent to the wetlands.

7.2 STKDRC, Indigenous Inhabitant Representatives (IIRs) of Kuk Po and Yung

Shue Au and other villagers submitted letters (Appendix VI) which propose that “V” zone should be planned in proportion to the number of male indigenous villagers in each village; and agricultural lots should be designated as “AGR” zone, instead of conservation zonings so as to encourage agricultural rehabilitation.

7.3 Planning assessment of the proposals is in Appendix VII. The views conveyed

in these proposals have been taken into account in the preparation of the draft OZP and delineating the various land use zonings and the details are elaborated in the following paragraphs.

8. Land Use Planning Considerations (Plan 4 and Figure 12 of Appendix IV)

Conservation of Natural Environment (Figures 5, 9 and 10 of Appendix IV)

8.1 Surrounded by the PCCP on three sides, and comprising mainly woodland, shrubland, fallow agricultural land, low-lying wetland habitat (including freshwater/brackish marsh, intertidal water pond/mudflat, mangrove, reedbed, seagrass), stream course, estuarine mangrove and rocky/sandy shore, the Area forms part of the wider natural system of the Plover Cove countryside.

8.2 Woodlands and shrublands mainly cover the inland and uphill parts and include

a number of mature woodlands behind the villages, which are generally in good conditions with more diverse tree species. They are ecologically linked with the habitats within the PCCP. There are some plant species of conservation significance including Aquilaria sinensis (土沉香), Artocarpus hypargyreus (白桂木) Mucuna championii (港油麻藤), Ailanthus fordii (常綠臭椿) Popowia pisocarpa (嘉陵花) and Macaranga sampsonii (鼎湖血桐); and butterfly species of conservation concern including Isoteinon lamprospilus lamprospilus (旖弄蝶), the rare Aeromachus jhora (寬鍔弄蝶) and Cethosia biblis (紅鋸蛺

蝶). The natural woodland and the coastal wetland in Kuk Po provide a good habitat for over 100 species of butterflies.

8.3 Freshwater/brackish marshes comprising mainly intertidal water pond/mudflat,

mangrove, reedbed and seagrass are located along the low-lying coastal areas in the three sub-areas. In Fung Hang, a natural stream with estuarine mangrove is found in the western part. An EIS of 1 km in length flows across Kuk Po.

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Together with the coastal habitats, the wetland complex supports a high diversity of dragonflies and freshwater fish including Macropodus hongkongensis (香港鬥魚), Oryzias curvinotus (弓背青鱂 ) and Orthetrum poecilops poecilops (斑灰蜻). Kuk Po is identified as a hotspot for both freshwater fish and butterfly, and wetland plants of conservation concern Ceratopteris thalictroides (水蕨) and Sphenoclea zeylanica (尖瓣花) are recorded therein. Another EIS of 750m in length flows across Yung Shue Au, which is identified as a hotspot for freshwater fish with records of a rare goby, Stiphodon atropurpureus (菲律賓枝牙鰕虎魚). Other species of conservation concern including Orthetrum poecilops poecilops (斑灰蜻) are also recorded.

8.4 In consultation with Agriculture, Fisheries and Conservation Department

(AFCD), it is considered that the mature woodlands behind villages and freshwater/brackish marshes in the three sub-areas, as well as the estuarine mangrove in Fung Hang should be zoned “CA” in order to reflect the ecological importance of these natural habitats and to provide adequate planning protection for these areas whilst “GB” zoning would be appropriate to protect the rest of woodlands, shrublands and the riparian zone of stream courses.

Land for Agriculture (Figures 5a, 5e and 5i and 7 of Appendix IV)

8.5 Many of the lowland areas in the Area are fallow agricultural lands, which

basically spread around the village clusters and occupy the areas of gentle topography and are seasonally wet. AFCD advises that the fallow agricultural lands possess potential for agricultural rehabilitation and those covered with grasses and shrubs could be considered for “AGR” zone from the agricultural development point of view in order to retain agricultural land and encourage agricultural rehabilitation.

8.6 With a view to facilitating revitalization of the inhabited villages with

agricultural activities and preserving the rural setting in the Area, “AGR” zones are proposed to cover fallow agricultural land without dense vegetation and adjoining to the existing village clusters at more accessible locations. These include some fallow agricultural land mainly covered with grasses and shrubs in front of the existing village cluster in Fung Hang, and those amidst the existing village clusters in Kuk Po Lo Wai.

Government, Institution or Community Facilities (Figures 6a, 6b, 6d and 6j of Appendix IV) 8.7 Major GIC facilities in the Area are Kai Choi School and Hip Tin Temple in

Kuk Po. The building was constructed in 1931 and is now a Grade 3 historic building worthy of preservation. The school was closed in 1993, whilst the temple is still in use. To reflect the existing uses, it is proposed to zone the premises as “Government, Institution or Community” (“G/IC”).

8.8 To preserve the rural and low-rise character of the Area as well as provide

spatial and visual relief, development/redevelopment within this zone should be restricted to a maximum building height as stipulated on the Plan (i.e two storeys) or the height of the building which was in existence on the date of the first publication in the Gazette of the notice of the draft DPA plan, whichever is

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greater. Land for Village Development (Figures 6, 7 and 10 of Appendix IV) Fung Hang 8.9 The whole ‘VE’ of Fung Hang has an area of 6.47 ha and its majority with an

area of 5.86 ha falls within the boundary of the draft OZP. The conditions of the village houses vary from fair to poor with quite a number of them currently abandoned. Apart from the existing village cluster, the land within the ‘VE’ mainly comprises woodland/shrubland including a mature woodland behind the village, freshwater/brackish marsh and a natural stream with estuarine mangrove. Fallow agricultural lands mainly covered with grasses and shrubs can be found in front of and adjoining the existing village cluster in the eastern part of the ‘VE’ as well as along the natural stream separated from the existing village cluster in the western part of the ‘VE’.

Kuk Po 8.10 The seven ‘VEs’ of Kuk Po for the six recognized villages have an area of 14.32

ha and most of the area of 13.49 ha fall within the boundary of the draft OZP. Some of the existing village clusters i.e Kuk Po Lo Wai (the southernmost one), Kuk Po San Uk Ha, Sam To and Ng To are adjacent to the Country Park. Quite a number of village settlements are currently abandoned or in ruins. Sam To has been deserted and is surrounded by dense vegetation and hence is currently inaccessible. Ng To is further away from the coast sloping uphill in the inland. Apart from the existing village clusters, the land within the ‘VEs’ mainly comprises woodland/shrubland, freshwater/brackish marsh, patches of marshy areas on seasonally wet grassland/shrubland mosaic and fallow agricultural lands mainly covered with grasses and shrubs.

Yung Shue Au

8.11 The whole ‘VE’ of Yung Shue Au has an area of 6.72 ha and falls within the

boundary of the draft OZP. The existing village cluster occupies a long strip of flat land in the western part of the ‘VE’. Most of the village houses are in poor condition and are basically uninhabited, and there are some abandoned barracks. Apart from the existing village cluster, the land within the ‘VE’ mainly comprises woodland/shrubland including a mature woodland behind the village, freshwater/brackish marsh and fallow agricultural land mainly covered with grasses and shrubs.

8.12 According to the 2011 Population Census, the population in the Area is 67

persons. As advised by District Lands Officer/North, Lands Department (DLO/N, LandsD), there are no outstanding Small House application in Fung Hang and Yung Shue Au and one outstanding Small House application in Kuk Po. The 10-year Small House demand forecasts provided by the IIRs7

7 As advised by DLO/N, LandsD, the 10-year Small House demand forecasts are provided by the respective IIRs without any supporting evidence and his office is not in a position to verify the accuracy of the figures. Besides, the 10-year Small House demand forecast of Yung Shue Au was provided for the period of 2009 – 2018

of Fung

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Hang, Kuk Po and Yung Shue Au are 418, 800 and 20 respectively. When preparing the draft DPA Plan in February 20138

, the 10-year Small House demand forecasts of Fung Hang, Kuk Po and Yung Shue Au were 182, 500 and 20 respectively. According to the established practice of the Board, if there is a substantial and unjustified increase in the updated 10-year demand forecast figure as compared with the previous corresponding figure in preparing the DPA Plan, the latter would be adopted in the preparation of the OZP. Based on PlanD's preliminary estimate, land required for meeting the Small House demand of 182, 501 and 20 in Fung Hang, Kuk Po and Yung Shue Au are about 4.55 ha, 12.53 ha and 0.5 ha (Table 1) respectively.

8.13 Given the natural environment, its ecological and landscape value coupled with its limited accessibility due to lack of vehicular access and potential natural terrain landslide hazards, an incremental approach for designation of “V” zones for Small House development has been adopted with an aim to confining Small House development at suitable locations so as to avoid undesirable disturbances to the natural environment and overtaxing the limited infrastructure in the Area. Discounting the surrounding environmentally sensitive areas, including woodland, shrubland, low-lying wetland habitat, stream course, estuarine mangrove and rocky/sandy shore which should be protected, a total of about 5.88 ha of land is covered by “V” zones including about 0.73 ha in Fung Hang, 3.63 ha in Kuk Po and 1.52 ha in Yung Shue Au. The areas reserved for Small House development mainly cover the existing village clusters and their adjoining fallow agricultural land currently covered with grasses and shrubs. There is an increase of 1.1 ha in the area of the “V” zones as compared with that on the draft DPA Plan (i.e. 4.78 ha). Within the proposed “V” zones, a total of about 2.58 ha of land (including about 0.42 ha, 1.76 ha and 0.40 ha in Fung Hang, Kuk Po and Yung Shue Au respectively) is available, equivalent to about 102 Small House sites (including about 16 , 70 and 16 Small House sites in Fung Hang, Kuk Po and Yung Shue Au respectively), meeting about 14.68% of the total Small House demand for 703 Small Houses (about 9.23%, 14.05% and 80% in Fung Hang, Kuk Po and Yung Shue Au respectively) (Table 1).

in response to his office’s enquiry and no further update has been received thereafter. 8 The TPB Paper No. 9282 on Consideration of the Draft Kuk Po, Fung Hang and Yung Shue Au DPA Plan No. DPA/NE-KP/B in February 2013 refers.

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Table 1: Small House Demand for the Kuk Po, Fung Hang and Yung Shue Au Area in 2013 and 2015

Village

Small House Small House "VE" Area ('VE'

Area in Draft OZP) (ha)

''V" Zone

on Draft OZP (ha)

Required Land to

Meet New

Demand (ha)

Available Land to Meet New Demand

(ha)

Percentage of the New Demand Meet by

Available Land (%)

Demand Figure in 2013 Demand Figure in 2015

Outstanding Demand

10-year Forecast

Outstanding Demand

10-year Forecast

Fung Hang 0 182

(2011-2020) 0 418 6.47 0.73 4.55 0.42 (16 houses) 9.23% (2014-2023) (5.86)

Kuk Po 0 * 500 (2012-2021) 1 800 14.32 3.63 12.53 1.7

(70 houses) 14.05% (2014-2023) (13.49) Yung Shue Au 0 20

(2009 - 2018) 0 20 6.72 1.52 0.50 0.40 (16 houses) 80% (2009-2018) (6.72)

Total 0 702 1 1238 27.51 5.88 17.58 2.58 (102 houses) 14.68% (26.07)

Note: * Kuk Po Lo Wai, Kuk Po San Uk Ha, Yi To, Sam To, Sze To & Ng To are collectively known as Kuk Po.

8.14 Although the area of the proposed “V” zones could not fully meet the Small House demand, it is sufficient to meet the outstanding demand (i.e one Small House). Should there be a genuine need to use the land outside the “V” zones for Small House developments, there is provision in the Notes of the draft OZP to allow for application to the Board. Each application would be considered by the Board based on its individual merits.

8.15 There is no public sewer for the Area. For Small House development, the design

and construction of the septic tank and soakaway systems need to comply with relevant standards and regulations, such as Environmental Protection Department (EPD)’s Practice Note for Professional Persons (ProPECC PN) 5/93 – “Drainage Plans subject to Comment by the Environmental Protection Department”, for the protection of the water quality of the Area.

Cultural Heritage 8.16 Kai Choi School and Hip Tin Temple at Kuk Po, and Yeung Ancestral Hall and

Li Ancestral Hall at Kuk Po Lo Wai are Grade 3 historic buildings worthy of preservation. Also, Kuk Po Site of Archaeological Interest largely falls within the Area. Prior consultation with the Antiquities and Monuments Office of the Leisure and Cultural Services Department should be made if any development, redevelopment or rezoning proposals might affect the above historic buildings, or site of archaeological interest and their/its immediate environs.

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9. Planning Intention 9.1 The Area forms an integral part of the natural system of the adjoining PCCP

with a wide spectrum of natural habitats including, inter alia, woodland, shrubland, fallow agricultural land, low-lying wetland habitat (including freshwater/brackish marsh, intertidal water pond/mudflat, mangrove, reedbed, seagrass), stream course, estuarine mangrove and rocky/sandy shore, etc., which should be preserved and protected. The general planning intention of the Area is to protect its high conservation and landscape value which complements the overall naturalness and the landscape beauty of the surrounding PCCP.

9.2 Apart from the environmental and ecological considerations, development in the

Area is constrained by limited transport and infrastructural provisions. It is also intended to consolidate village development so as to avoid undesirable disturbances to the natural environment and overtaxing the limited infrastructure in the Area.

10. Land Use Zonings

10.1 “Village Type Development” (“V”): Total Area 5.88 ha

10.1.1 The planning intention of this zone is to designate both the existing recognized village and areas of land considered suitable for village expansion. Land within this zone is primarily intended for development of Small Houses by indigenous villagers. It is also intended to concentrate village type development within this zone for a more orderly development pattern, efficient use of land and provision of infrastructures and services. Selected commercial and community uses serving the needs of the villagers and in support of the village development are always permitted on the ground floor of a New Territories Exempted House. Other commercial, community and recreational uses may be permitted on application to the Board.

10.1.2 Fung Hang, Kuk Po (including Kuk Po Lo Wai, Kuk Po San Uk Ha, Yi

To, Sam To, Sze To and Ng To) and Yung Shue Au are the recognized villages in the Area. The boundaries of the “V” zones are drawn up having regard to the village ‘environs’, the number of outstanding Small House application, Small House demand forecast, local topography and site constraints. Areas of difficult terrain, dense vegetation, stream courses and burial grounds have been avoided as far as possible.

10.1.3 As diversion of streams or filling of pond may cause adverse drainage

impacts on the adjacent areas and adverse impacts on the natural environment, permission from the Board is required for such activities except public works co-ordinated or implemented by Government, and maintenance, repair or rebuilding works.

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10.1.4 In accordance with the Environment, Transport and Works Burreau’s Technical Circular (Works) No. 5/2005 “Protection of Natural Streams/Rivers from Adverse Impacts Arising from Construction Works”, under the current administrative practice, development proposals/submissions that may affect natural streams/rivers, the approving/processing authorities at various stages of the development should consult and collate comments from the AFCD and relevant authorities and incorporate relevant comments/advice as conditions of approval wherever possible. Accordingly, LandsD, when processing Small House grant and applications in close proximity to existing stream courses, should consult concerned departments including AFCD, EPD and PlanD to ensure that all relevant departments would have adequate opportunity to review and comment on the applications. Such requirement has been stated in the ES.

10.1.5 The “V” zone in the Area is overlooked by steep natural hillsides and

may be affected by potential natural terrain landslide hazards. For the future development in the Area, the developers may be required to carry out a natural terrain hazard study and provide suitable hazard mitigation measures, if found necessary, as part of the development.

10.1.6 There is no public sewer for the Area. For Small House development,

the design and construction of the septic tank and soakaway systems need to comply with relevant standards and regulations, such as EPD’s Practice Note for Professional Persons (ProPECC PN) 5/93 – “Drainage Plans subject to Comment by the Environmental Protection Department”, for the protection of the water quality of the Area.

10.1.7 Yeung Ancestral Hall and Li Ancestral Hall at Kuk Po Lo Wai are

Grade 3 historic buildings worthy of preservation. Part of the area under this zoning falls within the Kuk Po Site of Archaeological Interest. Prior consultation with the Antiquities and Monuments Office of the Leisure and Cultural Services Department should be made if any development, redevelopment or rezoning proposals might affect the above historic buildings or site of archaeological interest and their/its immediate environs.

10.2 “Government, Institution or Community” (“G/IC”): Total Area 0.06 ha

10.2.1 The planning intention of this zone is primarily for the provision of

Government, institution or community (GIC) facilities serving the needs of the local residents and/or a wider district, region or the territory. It is also intended to provide land for uses directly related to or in support of the work of the Government, organizations providing social services to meet community needs, and other institutional establishments.

10.2.2 The major GIC facilities under this zone are Kai Choi School and Hip

Tin Temple in Kuk Po, which were constructed in 1931. The building is a Grade 3 historic building worthy of preservation.

- - 13

10.3 “Agriculture” (“AGR”): Total Area 3.94 ha 10.3.1 The planning intention of this zone is primarily to retain and safeguard

good quality agricultural land/farm/fish ponds for agricultural purposes. It is also intended to retain fallow arable land with good potential for rehabilitation for cultivation and other agricultural purposes.

10.3.2 This zone covers fallow agricultural lands which possess potential for

agricultural rehabilitation and are not covered with dense vegetation adjoining to the existing village clusters at more accessible locations. These include some fallow wet agricultural land mainly covered with grasses and shrubs in front of the existing village cluster in Fung Hang, and those amidst the existing village clusters in Kuk Po Lo Wai. This is not only to retain fallow arable land for agricultural purposes and encourage agricultural rehabilitation, but also to preserve the rural setting in the Area.

10.3.3 As diversion of streams or filling of land/pond may cause adverse

impacts on the natural environment and the ecological value of the adjacent area, permission from the Board is required for such activities. However, filling of land specifically required under prior written instructions of Government department(s), or for the purposes of genuine agricultural practice including laying of soil not exceeding 1.2m in thickness for cultivation, and construction of agricultural structure with prior written approval from the Lands Department is exempted from the control.

10.4 “Green Belt” (“GB”): Total Area 57.38 ha

10.4.1 The planning intention of this zone is primarily for defining the limits

of urban and sub-urban development areas by natural features and to contain urban sprawl as well as to provide passive recreational outlets. There is a general presumption against development within this zone.

10.4.2 The “GB” zone comprising mainly woodlands, shrublands, streams,

and rocky/sandy shores can provide a buffer between the village type developments and the PCCP and conserve the natural and rural character of the Area.

10.4.3 The “GB” zone also comprises the small portions of the permitted

burial grounds along the northwestern edge of Fung Hang and the northeastern edge of Kuk Po. They have been in existence for many years, and are considered as existing use intended for the burial of deceased indigenous villagers in the Area. To respect the local ritual and tradition, burial activities within this zone are generally tolerated.

10.5 “Conservation Area” (“CA”) : Total Area 23.01 ha

10.5.1 This zoning is intended to protect and retain the existing natural

landscape, ecological or topographical features of the area for conservation, educational and research purposes and to separate sensitive natural environment such as Country Park from the adverse

- - 14

effects of development. There is a general presumption against development in this zone. In general, only developments that are needed to support the conservation of the existing natural landscape or scenic quality of the area or are essential infrastructure projects with overriding public interest may be permitted.

10.5.2 The “CA” zone covers the mature woodlands behind the villages,

which are generally in good conditions with more diverse tree species. They are ecologically linked with those within the PCCP. There are some plant species of conservation significance including Aquilaria sinensis ( 土沉香 ), Artocarpus hypargyreus ( 白桂木 ) Mucuna championii (港油麻藤), Ailanthus fordii (常綠臭椿) and Popowia pisocarpa (嘉陵花 ) and Macaranga sampsonii (鼎湖血桐 ); and butterfly species of conservation concern including Isoteinon lamprospilus lamprospilus (旖弄蝶), the rare Aeromachus jhora (寬鍔

弄蝶) and Cethosia biblis (紅鋸蛺蝶). The natural woodland and the coastal wetland in Kuk Po provide a good habitat for over 100 species of butterflies.

10.5.3 It also covers the freshwater/brackish marshes comprising mainly

intertidal water pond/mudflat, mangrove, reedbed and seagrass along the low-lying coastal areas in the three sub-areas, as well as lower sections of the EISs in Kuk Po and Yung Shue Au. Together with the coastal habitats, the wetland complex in Kuk Po supports a high diversity of dragonflies and freshwater fishes including Macropodus hongkongensis (香港鬥魚 ), Oryzias curvinotus (弓背青鱂 ) and Orthetrum poecilops poecilops (斑灰蜻). Kuk Po is identified as a hotspot for both freshwater fish and butterfly, and wetland plants of conservation concern Ceratopteris thalictroides (水蕨) and Sphenoclea zeylanica (尖瓣花) are recorded therein. Yung Shue Au is identified as a hotspot for freshwater fishes with records of a rare goby, Stiphodon atropurpureus (菲律賓枝牙鰕虎 ). Other species of conservation concern including Orthetrum poecilops poecilops (斑灰蜻) are also recorded.

10.5.4 The estuarine mangrove in the western section of the coastal front

along Fung Hang is also zoned “CA”. 10.5.5 New residential development is not permitted under this zone.

Redevelopment of existing houses may be permitted on application to the Board. Diversion of streams, filling of land/pond or excavation of land may cause adverse drainage impacts on adjacent areas and adverse impacts on the natural environment. In view of the conservation value of the area within this zone, permission from the Board is required for such activities.

10.6 The proposed land use pattern of the Area is shown in Figure 12 at Appendix

IV. Detailed land use proposals of the Area are set out in paragraph 9 of the ES (Appendix III).

- - 15

10.7 A comparison of land use zonings on the approved Kuk Po, Fung Hang and Yung Shue Au DPA Plan No. DPA/NE-KP/2 and the draft OZP No. S/NE-KP/B is shown in the table below:

Land Use

Zoning Area on approved DPA Plan

Area on the Draft OZP

“V” 4.78 ha (5.30%) 5.88 ha (6.51%)

“Unspecified” 85.49 ha (94.70%) - “G/IC” - 0.06 ha (0.07%) “AGR” - 3.94 ha (4.36%) “GB” - 57.38 ha (63.57%) “CA” - 23.01 ha (25.49%) Total 90.27 ha 90.27 ha

11. Notes of the Plan

11.1 Attached to the Plan is a set of Notes which shows the types of uses or

developments which are always permitted within the Area and other uses for which planning permission from the Board should be sought. The provision for application for planning permission under section 16 of the Ordinance allows flexibility in land use planning and control of development to meet the changing needs. To provide flexibility for development with design adapted to the characteristics of particular sites, minor relaxation of the specific development restriction(s) stated in the Notes for particular zones may be considered by the Board through the planning permission system. Each proposal will be considered on its individual planning merits.

11.2 The draft Notes are formulated on the basis of the latest set of Master Schedule

of Notes (MSN) endorsed by the Board. 12. Consultation

12.1 Prior to the preparation of the draft OZP, the major stakeholders have been

approached for their views/proposals. Views from green/concern group and villagers’ group have been incorporated where appropriate. The draft OZP together with its Notes and ES as well as the Planning Report have been circulated to the relevant Government bureaux and departments for comments. Comments received have been incorporated into the draft OZP, its Notes and ES as well as the Planning Report as appropriate.

12.2 Subject to the agreement of the Board, the draft OZP No. S/NE-KP/B will be

submitted to the NDC and STKDRC for consultation. Comments from the NDC and STKDRC will be submitted to the Board for consideration prior to the publication of the draft OZP under section 5 of the Ordinance.

- - 16

13. Decision Sought Members are invited to: (a) agree that the draft Kuk Po, Fung Hang and Yung Shue Au OZP No. S/NE-KP/B

(Appendix I) together with its Notes (Appendix II) are suitable for consultation with the NDC and STKDRC;

(b) agree that the ES (Appendix III) is suitable to serve as an expression of the

planning intentions and objectives of the Board for various land use zonings of the draft Kuk Po, Fung Hang and Yung Shue Au OZP No. S/NE-KP/B and the ES should be issued under the name of the Board; and

(c) agree that the ES (Appendix III) is suitable for consultation with the NDC and

STKDRC together with the draft OZP. 14. Attachments

Plan 1 Planning Scheme Area of the Draft Kuk Po, Fung Hang and Yung

Shue Au OZP Plan 2 Aerial Photo of Kuk Po, Fung Hang and Yung Shue Au Plan 3 Village Environs and Existing Physical Features of Kuk Po, Fung

Hang and Yung Shue Au Plan 4 Development Constraints and Proposed Land Uses Appendix I Draft Kuk Po, Fung Hang and Yung Shue Au OZP No. S/NE-KP/B Appendix II Notes of the Draft Kuk Po, Fung Hang and Yung Shue Au OZP No.

S/NE-KP/B Appendix III Explanatory Statement of the Draft Kuk Po, Fung Hang and Yung

Shue Au OZP No. S/NE-KP/B Appendix IV Planning Report on Kuk Po, Fung Hang and Yung Shue Au Appendix V Proposal by the Kadoorie Farm & Botanic Garden Corporation Appendix VI Proposal by the Villagers’ Group (including Sha Tau Kok District

Rural Committee as well as Indigenous Inhabitant Representatives of Kuk Po and Yung Shue Au)

Appendix VII Planning Assessment on the Development Proposals received in the Course of Preparation of the Plan

PLANNING DEPARTMENT AUGUST 2015


OUTLINE ZONING PLAN NO. S/NE-KP/B

(Being a Draft Plan for the Purposes of the Town Planning Ordinance)

NOTES

(N.B. These form part of the Plan)

(1) These Notes show the uses or developments on land falling within the boundaries of the Plan which are always permitted and which may be permitted by the Town Planning Board, with or without conditions, on application. Where permission from the Town Planning Board for a use or development is required, the application for such permission should be made in a prescribed form. The application shall be addressed to the Secretary of the Town Planning Board, from whom the prescribed application form may be obtained.

(2) Any use or development which is always permitted or may be permitted in

accordance with these Notes must also conform to any other relevant legislation, the conditions of the Government lease concerned, and any other Government requirements, as may be applicable.

(3) No action is required to make the use of any land or building which was in existence

immediately before the first publication in the Gazette of the notice of the draft development permission area plan conform to this Plan, provided such use has continued since it came into existence. Any material change of such use or any other development (except minor alteration and/or modification to the development of the land or building in respect of such use which is always permitted) must be always permitted in terms of the Plan or in accordance with a permission granted by the Town Planning Board.

(4) A use or development of any land or building permitted under an earlier draft or

approved plan including development permission area plan for the area and effected or undertaken during the effective period of that plan is always permitted under this Plan. Any material change of such use or any other development (except minor alteration and/or modification to the completed development of the land or building which is always permitted) must be always permitted in terms of the Plan or in accordance with a permission granted by the Town Planning Board.

(5) Except to the extent that paragraph (3) or (4) applies, any use or development falling

within the boundaries of the Plan and also within the boundaries of the draft development permission area plan, unless always permitted in terms of the Plan, shall not be undertaken or continued on or after the date of the first publication in the Gazette of the notice of the draft development permission area plan without permission from the Town Planning Board.

(6) Except as otherwise specified by the Town Planning Board, when a use or material

change of use is effected or a development or redevelopment is undertaken, as always permitted in terms of the Plan or in accordance with a permission granted by the Town Planning Board, all permissions granted by the Town Planning Board in respect of the site of the use or material change of use or development or redevelopment shall lapse.

Appendix II

S/NE-KP/B

- 2 - (7) Alignment of roads and boundaries between zones may be subject to minor

adjustments as detailed planning proceeds. (8) The following uses or developments are always permitted on land falling within the

boundaries of the Plan except (a) where the uses or developments are specified in Column 2 of the Notes of individual zones or (b) as provided in paragraph (9) in relation to areas zoned “Conservation Area”:

(a) maintenance, repair or demolition of a building; (b) provision, maintenance or repair of plant nursery, amenity planting, open

space, rain shelter, refreshment kiosk, footpath, bus/public light bus stop or lay-by, cycle track, taxi rank, public utility pipeline, electricity mast, lamp pole, telephone booth, telecommunications radio base station, automatic teller machine and shrine;

(c) maintenance or repair of road, watercourse, nullah, sewer and drain; (d) geotechnical works, local public works, road works, sewerage works, drainage

works, environmental improvement works, marine related facilities and waterworks (excluding works on service reservoir) and such other public works co-ordinated or implemented by Government;

(e) rebuilding of New Territories Exempted House; (f) replacement of an existing domestic building, i.e. a domestic building which

was in existence on the date of the first publication in the Gazette of the notice of the draft development permission area plan, by a New Territories Exempted House; and

(g) provision, maintenance or repair of a grave of an indigenous New Territories

villager or a locally based fisherman and his family members for which permission has been obtained from Government.

(9) In areas zoned “Conservation Area”,

(a) the following uses or developments are always permitted:

(i) maintenance or repair of plant nursery, amenity planting, sitting out area, rain shelter, refreshment kiosk, road, watercourse, nullah, public utility pipeline, electricity mast, lamp pole, telephone booth, shrine and grave;

(ii) geotechnical works, local public works, road works, sewerage works,

drainage works, environmental improvement works, marine related facilities, waterworks (excluding works on service reservoir) and such other public works co-ordinated or implemented by Government; and

(iii) provision of amenity planting by Government; and

S/NE-KP/B

- 3 -

(b) the following uses or developments require permission from the Town Planning Board:

provision of plant nursery, amenity planting (other than by Government), sitting out area, rain shelter, refreshment kiosk, footpath, public utility pipeline, electricity mast, lamp pole, telephone booth and shrine.

(10) In any area shown as ‘Road’, all uses or developments except those specified in paragraphs (8)(a) to (8)(d) and (8)(g) above and those specified below require permission from the Town Planning Board:

road and on-street vehicle park. (11) (a) Except in areas zoned “Conservation Area”, temporary use or development of

any land or building not exceeding a period of two months is always permitted provided that no site formation (filling or excavation) is carried out and that the use or development is a use or development specified below:

structures for carnivals, fairs, film shooting on locations, festival celebrations, religious functions or sports events.

(b) Except as otherwise provided in paragraph (11)(a), and subject to temporary

uses for open storage and port back-up purposes which are prohibited in areas zoned “Conservation Area”, temporary use or development of any land or building not exceeding a period of three years requires permission from the Town Planning Board. Notwithstanding that the use or development is not provided for in terms of the Plan, the Town Planning Board may grant permission, with or without conditions, for a maximum period of three years, or refuse to grant permission.

(c) Temporary use or development of land or building exceeding three years

requires permission from the Town Planning Board in accordance with the terms of the Plan.

(12) Unless otherwise specified, all building, engineering and other operations incidental

to and all uses directly related and ancillary to the permitted uses and developments within the same zone are always permitted and no separate permission is required.

(13) In these Notes, unless the context otherwise requires or unless as expressly provided

below, terms used in the Notes shall have the meanings as assigned under section 1A of the Town Planning Ordinance.

“Existing building” means a building, including a structure, which is physically

existing and is in compliance with any relevant legislation and the conditions of the Government lease concerned.

“New Territories Exempted House” means a domestic building other than a

guesthouse or a hotel; or a building primarily used for habitation, other than a guesthouse or a hotel, the ground floor of which may be used as ‘Shop and Services’ or ‘Eating Place’, the building works in respect of which are exempted by a certificate of exemption under Part III of the Buildings Ordinance (Application to the New Territories) Ordinance (Cap. 121).



Schedule of Uses Page

VILLAGE TYPE DEVELOPMENT 1

GOVERNMENT, INSTITUTION OR COMMUNITY 3

AGRICULTURE 5

GREEN BELT 7

CONSERVATION AREA 9

VILLAGE TYPE DEVELOPMENT

Column 1 Uses always permitted

Column 2

Uses that may be permitted with or without conditions on application

to the Town Planning Board

Agricultural Use Government Use (Police Reporting Centre,

Post Office only)

House (New Territories Exempted House only)

On-Farm Domestic Structure Religious Institution (Ancestral Hall only) Rural Committee/Village Office

Burial Ground Eating Place Flat Government Refuse Collection Point Government Use (not elsewhere specified) # Hotel (Holiday House only) House (not elsewhere specified) Institutional Use (not elsewhere specified) # Market Place of Recreation, Sports or Culture Private Club Public Clinic Public Convenience Public Transport Terminus or Station Public Utility Installation # Public Vehicle Park (excluding container vehicle) Religious Institution (not elsewhere specified) # Residential Institution # School # Shop and Services Social Welfare Facility # Utility Installation for Private Project

In addition, the following uses are always permitted on the ground floor of a New Territories Exempted House:

Eating Place Library School Shop and Services

(Please see next page)

2

VILLAGE TYPE DEVELOPMENT (Cont’d)

Planning Intention The planning intention of this zone is to designate both the existing recognized villages and areas of land considered suitable for village expansion. Land within this zone is primarily intended for development of Small Houses by indigenous villagers. It is also intended to concentrate village type development within this zone for a more orderly development pattern, efficient use of land and provision of infrastructures and services. Selected commercial and community uses serving the needs of the villagers and in support of the village development are always permitted on the ground floor of a New Territories Exempted House. Other commercial, community and recreational uses may be permitted on application to the Town Planning Board.

Remarks (a) No new development, or addition, alteration and/or modification to or redevelopment

of an existing building (except development or redevelopment to those annotated with #) shall result in a total development and/or redevelopment in excess of a maximum building height of 3 storeys (8.23m) or the height of the building which was in existence on the date of the first publication in the Gazette of the notice of the draft development permission area plan, whichever is the greater.

(b) Based on the individual merits of a development or redevelopment proposal, minor

relaxation of the building height restriction stated in paragraph (a) above may be considered by the Town Planning Board on application under section 16 of the Town Planning Ordinance.

(c) Any diversion of streams or filling of pond, including that to effect a change of use to

any of those specified in Columns 1 and 2 above or the uses or developments always permitted under the covering Notes (except public works co-ordinated or implemented by Government, and maintenance, repair or rebuilding works), shall not be undertaken or continued on or after the date of the first publication in the Gazette of the notice of the draft development permission area plan without the permission from the Town Planning Board under section 16 of the Town Planning Ordinance.

3

GOVERNMENT, INSTITUTION OR COMMUNITY


Column 2



Ambulance Depot Animal Quarantine Centre (in Government building only) Broadcasting, Television and/or Film Studio Eating Place (Canteen, Cooked Food Centre only) Educational Institution Exhibition or Convention Hall Field Study/Education/Visitor Centre Government Refuse Collection Point Government Use (not elsewhere specified) Hospital Institutional Use (not elsewhere specified) Library Market Place of Recreation, Sports or Culture Public Clinic Public Convenience Public Transport Terminus or Station Public Utility Installation Public Vehicle Park (excluding container vehicle) Recyclable Collection Centre Religious Institution Research, Design and Development Centre Rural Committee/Village Office School Service Reservoir Social Welfare Facility Training Centre Wholesale Trade

Animal Boarding Establishment Animal Quarantine Centre (not elsewhere specified) Columbarium Correctional Institution Crematorium Driving School Eating Place (not elsewhere specified) Funeral Facility Holiday Camp House (other than rebuilding of New Territories Exempted House or replacement of existing domestic building by New Territories Exempted House permitted under the covering Notes) Off-course Betting Centre Office Petrol Filling Station Place of Entertainment Private Club Radar, Telecommunications Electronic Microwave Repeater, Television and/or Radio Transmitter Installation Residential Institution Sewage Treatment/Screening Plant Shop and Services Utility Installation for Private Project

Zoo


4

GOVERNMENT, INSTITUTION OR COMMUNITY (Cont’d)

Planning Intention This zone is intended primarily for the provision of Government, institution or community facilities serving the needs of the local residents and/or a wider district, region or the territory. It is also intended to provide land for uses directly related to or in support of the work of the Government, organizations providing social services to meet community needs, and other institutional establishments.

Remarks

(a) No new development, or addition, alteration and/or modification to or redevelopment of an existing building shall result in a total development and/or redevelopment in excess of a maximum building height in terms of number of storeys as stipulated on the Plan, or the height of the building which was in existence on the date of the first publication in the Gazette of the notice of the draft development permission area plan, whichever is the greater.

(b) Based on the individual merits of a development or redevelopment proposal, minor

relaxation of the building height restriction stated in paragraph (a) above may be considered by the Town Planning Board on application under section 16 of the Town Planning Ordinance.

5

AGRICULTURE


Column 2



Agricultural Use Government Use (Police Reporting Centre only) On-Farm Domestic Structure Public Convenience Religious Institution (Ancestral Hall only) Rural Committee/Village Office

Animal Boarding Establishment Barbeque Spot Field Study/Education/Visitor Centre Government Refuse Collection Point Government Use (not elsewhere specified) House (New Territories Exempted House

only, other than rebuilding of New Territories Exempted House or replacement of existing domestic building by New Territories Exempted House permitted under the covering Notes)

Picnic Area Place of Recreation, Sports or Culture

(Horse Riding School, Hobby Farm, Fishing Ground only)

Public Utility Installation Religious Institution (not elsewhere

specified) School Utility Installation for Private Project


6

AGRICULTURE (Cont’d)

Planning Intention This zone is intended primarily to retain and safeguard good quality agricultural land/farm/fish ponds for agricultural purposes. It is also intended to retain fallow arable land with good potential for rehabilitation for cultivation and other agricultural purposes.

Remarks

Any diversion of streams or filling of land/pond, including that to effect a change of use to any of those specified in Columns 1 and 2 above or the uses or developments always permitted under the covering Notes (except public works co-ordinated or implemented by Government, and maintenance, repair or rebuilding works), shall not be undertaken or continued on or after the date of the first publication in the Gazette of the notice of the draft development permission area plan without the permission from the Town Planning Board under section 16 of the Town Planning Ordinance. This restriction does not apply to filling of land specifically required under prior written instructions of Government department(s) or for the purposes specified below: (i) laying of soil not exceeding 1.2m in thickness for cultivation; or (ii) construction of any agricultural structure with prior written approval issued by the

Lands Department.

7

GREEN BELT


Column 2



Agricultural Use Barbecue Spot Government Use (Police Reporting Centre only) Nature Reserve Nature Trail On-Farm Domestic Structure Picnic Area Public Convenience Tent Camping Ground Wild Animals Protection Area

Animal Boarding Establishment Broadcasting, Television and/or Film Studio Burial Ground Columbarium (within a Religious

Institution or extension of existing Columbarium only)

Crematorium (within a Religious Institution or extension of existing Crematorium only)

Field Study/Education/Visitor Centre Government Refuse Collection Point Government Use (not elsewhere specified) Helicopter Landing Pad Holiday Camp House (other than rebuilding of New

Territories Exempted House or replacement of existing domestic building by New Territories Exempted House permitted under the covering Notes)

Petrol Filling Station Pier Place of Recreation, Sports or Culture Public Transport Terminus or Station Public Utility Installation Public Vehicle Park (excluding container vehicle) Radar, Telecommunications Electronic

Microwave Repeater, Television and/or Radio Transmitter Installation


8

GREEN BELT (Cont’d)


Column 2



Religious Institution

Residential Institution Rural Committee/Village Office School Service Reservoir Social Welfare Facility Utility Installation for Private Project

Planning Intention

The planning intention of this zone is primarily for defining the limits of urban and sub-urban development areas by natural features and to contain urban sprawl as well as to provide passive recreational outlets. There is a general presumption against development within this zone.

Remarks Any diversion of streams, filling of land/pond or excavation of land, including that to effect a change of use to any of those specified in Columns 1 and 2 above or the uses or developments always permitted under the covering Notes (except public works co-ordinated or implemented by Government, and maintenance, repair or rebuilding works), shall not be undertaken or continued on or after the date of the first publication in the Gazette of the notice of the draft development permission area plan without the permission from the Town Planning Board under section 16 of the Town Planning Ordinance.

9

CONSERVATION AREA


Column 2



Agricultural Use (other than Plant Nursery) Nature Reserve Nature Trail On-Farm Domestic Structure Wild Animals Protection Area

Field Study/Education/Visitor Centre Government Refuse Collection Point Government Use (not elsewhere specified) House (Redevelopment only) Public Convenience Public Utility Installation Radar, Telecommunications Electronic

Microwave Repeater, Television and/or Radio Transmitter Installation

Planning Intention

This zoning is intended to protect and retain the existing natural landscape, ecological or topographical features of the area for conservation, educational and research purposes and to separate sensitive natural environment such as Country Park from the adverse effects of development. There is a general presumption against development in this zone. In general, only developments that are needed to support the conservation of the existing natural landscape or scenic quality of the area or are essential infrastructure projects with overriding public interest may be permitted.


10

CONSERVATION AREA (Cont’d)

Remarks (a) No redevelopment, including alteration and/or modification, of an existing house shall

result in a total redevelopment in excess of the plot ratio, site coverage and height of the house which was in existence on the date of the first publication in the Gazette of the notice of the draft development permission area plan.

(b) Any diversion of streams, filling of land/pond or excavation of land, including that to

effect a change of use to any of those specified in Column 1 and 2 above or the uses or developments always permitted under the covering Notes, shall not be undertaken or continued on or after the date of the first publication in the Gazette of the notice of the draft development permission area plan without the permission from the Town Planning Board under section 16 of the Town Planning Ordinance.



EXPLANATORY STATEMENT

Appendix III

DRAFT KUK PO, FUNG HANG AND YUNG SHUE AU OUTLINE ZONING PLAN NO. S/NE-KP/B


CONTENTS Page

1. INTRODUCTION 1

2. AUTHORITY FOR THE PLAN AND PROCEDURE 1

3. OBJECT OF THE PLAN 2

4. NOTES OF THE PLAN 2

5. THE PLANNING SCHEME AREA 2

6. POPULATION 5

7. OPPORTUNITIES AND CONSTRAINTS 5

8. GENERAL PLANNING INTENTION 10

9. LAND-USE ZONINGS 10

9.1 Village Type Development 10

9.2 Government, Institution or Community 12

9.3 Agriculture 12

9.4 Green Belt 13

9.5 Conservation Area 13

10. CULTURAL HERITAGE 15

11. COMMUNICATIONS 15

12. UTILITY SERVICES 15

13. IMPLEMENTATION 16

14. PLANNING CONTROL 16

1

DRAFT KUK PO, FUNG HUNG AND YUNG SHUE AU OUTLINE ZONING PLAN NO. S/NE-KP/B

(Being a Draft Plan for the Purposes of the Town Planning Ordinance)


Note : For the purposes of the Town Planning Ordinance, this statement shall not be deemed to constitute a part of the Plan.

1. INTRODUCTION

This Explanatory Statement is intended to assist an understanding of the draft Kuk Po, Fung Hang and Yung Shue Au Outline Zoning Plan No. S/NE-KP/B. It reflects the planning intention and objectives of the Town Planning Board (the Board) for various land-use zonings of the Plan.

2. AUTHORITY FOR THE PLAN AND PROCEDURE

2.1 On 31 October 2012, under the power delegated by the Chief Executive, the Secretary for Development directed the Board, under section 3(1)(b) of the Town Planning Ordinance (the Ordinance), to prepare a Development Permission Area (DPA) Plan for the Kuk Po, Fung Hang and Yung Shue Au area.

2.2 On 8 March 2013, the draft Kuk Po, Fung Hang and Yung Shue Au DPA

Plan No. DPA/NE-KP/1 was exhibited for public inspection under section 5of the Ordinance. During the two-month exhibition period, 12 representations were received. On 24 May 2013, the Board published the representations for public comment for three weeks and no comment was received. After giving consideration to the representations on 6 December 2013, the Board decided not to propose any amendment to the draft DPA plan to meet the representations.

2.3 On 11 March 2014, the Chief Executive in Council (CE in C), under section

9(1)(a) of the Ordinance, approved the draft Kuk Po, Fung Hang and Yung Shue Au DPA plan, which was subsequently renumbered as DPA/NE-KP/2. On 21 March 2014, the approved Kuk Po, Fung Hang and Yung Shue Au Plan No. DPA/NE-KP/2 was exhibited for public inspection under section 9(5) of the Ordinance.

2.4 On 23.6.2015, under the power delegated by the Chief Executive, the

Secretary for Development directed the Board, under section 3(1)(a) of the Ordinance, to prepare an OZP to cover the Kuk Po, Fung Hang and Yung Shue Au area.

- 2 - S/NE-KP/B

2.5 On XXXX 2016, the draft Kuk Po, Fung Hang and Yung Shue Au OZP No. S/NE-KP/1 (the Plan) was exhibited for public inspection under section 5 of the Ordinance.

3. OBEJCT OF THE PLAN

3.1 The object of the Plan is to indicate the broad land-use zonings for the area of Kuk Po, Fung Hang and Yung Shue Au so that development and redevelopment within the area of Kuk Po, Fung Hang and Yung Shue Au can be put under statutory planning control. It also provides the planning framework for preparing more detailed non-statutory plans which form the basis for public works planning and site reservation for various uses.

3.2 The Plan is to illustrate the broad principles of development and planning

control only. It is a small-scale plan and the road alignments and boundaries between the land-use zones may be subject to minor alterations as detailed planning proceeds.

4. NOTES OF THE PLAN 4.1 Attached to the Plan is a set of Notes which shows the types of uses or

developments which are always permitted within the Planning Scheme Area (the Area) and in particular zones and which may be permitted by the Board, with or without conditions, on application. The provision for application for planning permission under section 16 of the Ordinance allows greater flexibility in land-use planning and control of development to meet the changing needs.

4.2 For the guidance of the general public, a set of definitions that explains some

of the terms used in the Notes may be obtained from the Technical Services Division of the Planning Department and can be downloaded from the Board’s website at http://www.info.gov.hk/tpb/.

5. THE PLANNING SCHEME AREA

5.1 The Area, covering a total land area of about 90.27 ha, comprises three sub-areas, namely Fung Hang (about 9.32 ha), Kuk Po (about 62.82 ha) and Yung Shue Au (about 18.13 ha). It is surrounded by the Plover Cove Country Park (PCCP) at the northeastern fringe of the New Territories and fronting the Starling Inlet in the north. The boundary of the Area is shown by a heavy broken line on the Plan.

5.2 Surrounded by the PCCP on three sides, and comprising mainly woodland,

shrubland, fallow agricultural land, low-lying wetland habitat (including freshwater/brackish marsh, intertidal water pond/mudflat, mangrove, reedbed, seagrass), stream course, estuarine mangrove and rocky/sandy shore, the Area

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forms part of the wider natural system of the Plover Cove countryside. In general, the Area is natural and rural in character with high landscape and scenic value and is popular to visitors and hikers for its seaside walk.

5.3 Fung Hang

5.3.1 Fronting Starling Inlet in the north, Fung Hang mainly comprises an

elongated vegetated knoll in the middle separating two tracts of flat land, which are gradually sloping uphill to the mountains in the south. The woodland in the south and west is adjoining the PCCP. There are some plant species of conservation significance including Aquilaria sinensis (土沉香 ), and butterfly species of conservation concern including Isoteinon lamprospilus lamprospilus (旖弄蝶) in the sub-area. Fung Hang Village occupies the larger tract of flat land in the eastern part of the sub-area, which is flanked by the mature woodland on the vegetated knoll to the southwest and the freshwater/brackish marsh mainly comprising pond, mangrove and reedbed on the low-lying coastal area to the northeast. A natural stream flows in the north-south direction in the western part of the sub-area. The coast comprises a dam and a short strip of rocky shore and estuarine mangrove in the west. Fallow agricultural lands mainly covered with grasses and shrubs can be found in front of and adjoining the existing village cluster, as well as along the natural stream.

5.3.2 Fung Hang is the only recognized village in the sub-area. There are

about 50 village houses of 1 to 2 storeys, arranged generally in two rows facing north. The conditions of these houses vary from fair to poor with quite a number of them currently abandoned. There is an eatery/provision store serving visitors and hikers during the holidays, and a permitted burial ground on the hillslope along the northwestern edge.

5.4 Kuk Po

5.4.1 Kuk Po is dominated by a large piece of flat land at the coastal area

facing Tai Wan to the northwest and two strips of flat land sandwiched between the hillslopes extending inland to the south. It is surrounded by vegetated hillslopes on three sides adjoining PCCP and the coastal front is mainly defined by a long dam with sandy/rocky shore in the eastern and western ends. Village clusters are scattered along the periphery of the freshwater/brackish marsh near the coast, amidst patches of marshy areas in the east or situated at the foothills in the inland. Natural streams flow across the sub-area from the highland in the south to the coastal marshland in the north.

5.4.2 There are recognized villages namely Kuk Po Lo Wai and Kuk Po San

Uk Ha and the inland villages of Yi To, Sam To, Sze To and Ng To. Mature woodlands behind villages are located at Kuk Po Lo Wai, Kuk Po San Uk Ha, Sam To and Ng To. Plant species of conservation significance including Aquilaria sinensis ( 土沉香 ), Artocarpus

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hypargyreus (白桂木 ) Mucuna championii (港油麻藤 ), Ailanthus fordii (常綠臭椿) and Popowia pisocarpa (嘉陵花) can be found. The freshwater/brackish marsh in Kuk Po mainly comprises pond/mudflat, mangrove and reedbed. Patches of marshy areas are found on the seasonally wet grassland/shrubland mosaic mainly in the eastern part of Kuk Po. A section of the natural stream flowing across the sub-area from Ng To to Kuk Po San Uk Ha of about 1km is considered as an Ecologically Important Stream (EIS). Kuk Po is identified as a hotspot for both freshwater fish and butterfly. Together with the coastal habitats, the wetland complex supports a high diversity of dragonflies and freshwater fishes including Macropodus hongkongensis (香港鬥

魚), Oryzias curvinotus (弓背青鱂) and Orthetrum poecilops poecilops (斑灰蜻) which are of conservation significance. The natural woodland and the coastal wetland provide a good habitat for over 100 species of butterflies including the rare Aeromachus jhora (寬鍔弄蝶). Wetland plants of conservation concern including Ceratopteris thalictroides (水蕨 ) and Sphenoclea zeylanica (尖瓣花 ) are also recorded. Fallow agricultural lands mainly covered with grasses and shrubs basically spread around the existing village clusters, with those around Kuk Po Lo Wai and Kuk Po San Uk Ha having turned into patches of marshy areas.

5.4.3 There is an eatery/provision store in Kuk Po Lo Wai serving visitors

and hikers during the holidays. Kai Choi School and Hip Tin Temple, and Yeung Ancestral Hall and Li Ancestral Hall at Kuk Po Lo Wai are Grade 3 historic buildings worthy of preservation. Also, Kuk Po Site of Archaeological Interest largely falls within the sub-area. There is a permitted burial ground on the hillslope along the northeastern edge of Kuk Po.

5.5 Yung Shue Au

5.5.1 In Yung Shue Au, a large piece of flat land fronting Yung Shue Au Wan in the northeast extends into a narrow valley in the southwest surrounded by vegetated hillslopes. Yung Shue Au1

Village is a long strip of village cluster situated between the freshwater/brackish marsh on the low-lying coastal area to the east and the mature woodland on the vegetated hillslopes on the west. A dam dominates the coastal front with sandy/rocky shore at its eastern end.

5.5.2 A mature woodland can be found behind Yung Shue Au Village at the foothill of the PCCP. Species of conservation concern including Aquilaria sinensis (土沉香 ), Macaranga sampsonii (鼎湖血桐 ), Cethosia biblis (紅鋸蛺蝶) and Aeromachus jhora (寬鍔弄蝶) are recorded. The freshwater/brackish marsh near the coast mainly comprises pond/mudflat, mangrove, reedbed and seagrass. There is also a small area of freshwater marsh near the southern fringe in the valley


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area. An EIS of about 750 m in length flowing across the sub-area continuously supplies freshwater to the wetlands. The sub-area is identified as a hotspot for freshwater fish with records of a rare goby, Stiphodon atropurpureus (菲律賓枝牙鰕虎魚 ). Other species of conservation concern including Orthetrum poecilops poecilops (斑灰

蜻) are also recorded. Fallow agricultural lands mainly covered with grasses and shrubs are located near the village cluster.

5.5.3 Yung Shue Au, which is the only recognized village in the sub-area,

consists of two rows of houses and some scattered houses. Most of them are in poor condition and are basically uninhabited. Besides, there are some abandoned barracks near the entrance of the village which were established in the early 1980s by the British army to guard against illegal immigrants.

6. POPULATION According to the 2011 Population Census, the total population of the Area was

estimated to be about 67 persons. It is expected that the total planned population of the Area would be 550 persons mainly attributed to village expansion.

7. OPPORTUNITIES AND CONSTRAINTS

7.1 Opportunities 7.1.1 Conservation and Natural Landscape

Surrounded by the PCCP on three sides, and comprising mainly woodland, shrubland, fallow agricultural land, low-lying wetland habitat (including freshwater/brackish marsh, intertidal water pond/mudflat, mangrove, reedbed, seagrass), stream course, estuarine mangrove and rocky/sandy shore, the Area forms part of the wider natural system of the Plover Cove countryside. Woodlands and shrublands mainly cover the inland and uphill parts and include a number of mature woodlands behind the villages, which are generally in good conditions with more diverse tree species. They are ecologically linked with the habitats those within the PCCP. There are some plant species of conservation significance and butterfly species of conservation concern. Freshwater/brackish marshes comprising mainly intertidal water pond/mudflat, mangrove, reedbed and seagrass are located along the low-lying coastal areas in the three sub-areas. Patches of marshy areas are found on the seasonally wet grassland/shrubland mosaic mainly in the eastern part of Kuk Po and a small area of freshwater marsh is also

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found near the southern fringe in the valley area of Yung Shue Au. In Fung Hang, a natural stream with estuarine mangrove is found in the western part. An EIS of 1 km in length flows across Kuk Po. Together with the coastal habitats, the wetland complex in Kuk Po supports a high diversity of dragonflies and freshwater fishes. Kuk Po is identified as a hotspot for both freshwater fish and butterfly, and wetland plants of conservation concern are recorded therein. Another EIS of 750m in length flows across Yung Shue Au, which is identified as a hotspot for freshwater fishes with records of a rare goby, and other plant and insect species of conservation concern are also recorded. Surrounded by woodlands and fronting Starling Inlet, the Area has typical Fung Shui village layout in the New Territories with village settlements in a “water facing home that backs on to hills” setting with rich landscape resources such as mangroves, ponds and marshlands. In general, the Area is natural and rural in character and has high landscape and scenic value. It is worthy of conservation while the scale of the village development should be compatible with the surrounding landscape and rural setting.

7.1.2 Tourism and Recreation Potential The Area is popular to visitors and hikers for its seaside walk providing a panoramic view towards Starling Inlet and the Luk Keng coastal mangroves, and the Fung Hang Family Walk to its west which can be easily accessed from Bride’s Pool Road. Structures in Fung Hang are arranged in a typical Hakka village manner with fung shui woodland behind and a panoramic seaview. Those in Kuk Po are divided into several small hamlets, which is a special type of arrangements in the territory. Coupled with the presence of well preserved Kai Choi School, both places are of interest to the public, having the potentials for eco- and cultural tourism. During weekends and holidays, Fung Hang and Kuk Po are heavily patronized by visitors and hikers, and the locals residing elsewhere come back and operate eateries to serve them. There are a variety of recreational facilities in the nearby PCCP and Pat Sin Leng Country Park (to the west of Bride’s Pool Road), such as a network of hiking trails (including Fung Hang Family Walk), 9 picnic sites, 37 barbecue sites and 5 camp sites. The Nam Chung Outdoor Activity Centre is in proximity to the west of the Area. According to the ‘Study on the Enhancement of the Sha Tau Kok Rural Township and Surrounding Areas – Feasibility Study’, the Linkage Area covering the Area is of high ecological and landscape value, and its tranquil rural setting should be preserved as far as possible for both local residents and visitors. Some small-scale conceptual enhancement proposals with minor construction works are proposed to enhance the tourism potential of the Linkage Area without compromising the ecologically-sensitive environment. These include provision of public toilet in Kuk Po and Yung Shue Au and installation of information board in the three sub-areas.

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7.1.3 Agriculture Potential According to Agriculture, Fisheries and Conservation Department

(AFCD), there is no active agricultural activity within the Area. As advised by AFCD, many of the lowland areas in the Area are fallow agricultural lands and possess potential for agricultural rehabilitation. Fallow agricultural land covered by grasses or shrubs are considered suitable for “Agriculture” (“AGR”) zone from the agricultural development point of view in order to retain agricultural land and encourage agricultural rehabilitation,

7.2 Constraints

7.2.1 Ecological Significance Surrounded by the PCCP on three sides, and comprising mainly woodland, shrubland, fallow agricultural land, low-lying wetland habitat (including freshwater/brackish marsh, intertidal water pond/mudflat, mangrove, reedbed, seagrass), stream course, estuarine mangrove and rocky/sandy shore, the Area forms part of the wider natural system of the Plover Cove countryside. Woodlands and shrublands mainly cover the inland and uphill parts and include a number of mature woodlands behind the villages, which are generally in good conditions with more diverse tree species. They are ecologically linked with habitats within the PCCP. There are some plant species of conservation significance including Aquilaria sinensis (土沉香), Artocarpus hypargyreus (白桂木) Mucuna championii (港油

麻藤), Ailanthus fordii (常綠臭椿) Popowia pisocarpa (嘉陵花) and Macaranga sampsonii ( 鼎湖血桐 ); and butterfly species of conservation concern including Isoteinon lamprospilus lamprospilus (旖弄蝶), the rare Aeromachus jhora (寬鍔弄蝶) and Cethosia biblis (紅鋸蛺蝶). The natural woodland and the coastal wetland in Kuk Po provide a good habitat for over 100 species of butterflies. Freshwater/brackish marshes comprising mainly intertidal water pond/mudflat, mangrove, reedbed and seagrass are located along the low-lying coastal areas in the three sub-areas. Patches of marshy areas are found on the seasonally wet grassland/shrubland mosaic mainly in the eastern part of Kuk Po and a small area of freshwater marsh is also found near the southern fringe in the valley area of Yung Shue Au. In Fung Hang, a natural stream with estuarine mangrove is found in the western part. An EIS of 1 km in length flows across Kuk Po. Together with the coastal habitats, the wetland complex supports a high diversity of dragonflies and freshwater fish including Macropodus hongkongensis (香港鬥魚 ), Oryzias curvinotus (弓背青鱂 ) and Orthetrum poecilops poecilops (斑灰蜻). Kuk Po is identified as a hotspot for both freshwater fish and butterfly, and wetland plants of

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conservation concern Ceratopteris thalictroides (水蕨) and Sphenoclea zeylanica (尖瓣花 ) are recorded therein. Another EIS of 750m in length flows across Yung Shue Au, which is identified as a hotspot for freshwater fish with records of a rare goby, Stiphodon atropurpureus (菲律賓枝牙鰕虎魚). Other species of conservation concern including Orthetrum poecilops poecilops (斑灰蜻) are also recorded. From the nature conservation perspective, developments that may adversely affect the natural character and the ecologically sensitive areas will not be recommended.

7.2.2 Landscape Character

According to the ‘Landscape Value Mapping of Hong Kong (2005)’, the Area is characterized as “Settled Valley Landscape”, which is defined largely by its valley topography having a strong sense of enclosure and tranquillity and a system of active or abandoned agricultural fields together with villages. The three sub-areas have typical Fung Shui village layout in the New Territories with village settlements in a “water facing home that backs on to hills” setting with rich landscape resources such as secondary woodland, mangroves, ponds and marshland. In Kuk Po, the extensive reed bed is the signature of the sub-area. In Yung Shue Au, the proportion and distribution of wetland and marshland, village and woodland are well balanced, creating an elegant crescent-like setting. From the landscape planning perspective, the Area has high landscape value and the landscape character is sensitive and vulnerable. Any development which is not compatible to the existing scale, style, intensity of development and the natural environment would disrupt the harmonic landscape character setting. Any large scale development with associated utilities installation and slope formation work is not compatible with the existing landscape context. Furthermore, sufficient landscape buffer should be provided to significant landscape resources in the Area.

7.2.3 Cultural Heritage

Kai Choi School and Hip Tin Temple at Kuk Po, and Yeung Ancestral Hall and Li Ancestral Hall at Kuk Po Lo Wai are Grade 3 historic buildings worthy of preservation. Also, Kuk Po Site of Archaeological Interest largely falls within the Area. The Antiquities Advisory Board (AAB) also released a list of new items in addition to the list of 1,444 historic buildings. These items are subject to grading assessment by the AAB. Details of the list of 1,444 historic buildings and the new items have been uploaded onto the website of the AAB at http://www.aab.gov.hk.

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An assessment shall be conducted to evaluate the archaeological impact imposed by the proposed works if there is any development within the Site of Archaeological Interest. If necessary, a professional archaeologist shall be engaged to apply for a licence from the Antiquities Authority under the Antiquities and Monuments Ordinance (Cap. 53) for an archaeological field investigation to evaluate whether the proposed works is acceptable from an archaeological preservation point of view and propose appropriate mitigation measures. Prior consultation with the Antiquities and Monuments Office of the Leisure and Cultural Services Department should be made if any development, redevelopment or rezoning proposals might affect the above historic buildings, new items pending grading assessment, or site of archaeological interest and their/its immediate environs.

7.2.4 Burial Grounds

There are two permitted burial grounds in the Area. One is on the hillslopes along the north western edge of Fung Hang, and another one is also on the hillslopes along the north eastern edge of Kuk Po. Whilst the majority of the burial grounds lie outside the Area and within the PCCP, the small portions thereof fall within the Area and are not suitable for any development.

7.2.5 Transportation

The Area is not served by any vehicular access and the nearest public road, Bride’s Pool Road, is situated near Kai Kuk Shue Ha to the west in Luk Keng. There is a walking trail running along the southern coast of Starling Inlet connecting the Area to Luk Keng. There are also piers/jetties in Fung Hang, Kuk Po and Yung Shue Au where small boats would berth.

7.2.6 Sewerage

There is no public sewerage system in the Area. Any new development proposal should be required to demonstrate that no adverse sewage impact would be caused to the Area.

7.2.7 Other Infrastructure and Utility Services

The Area is provided with electricity and telephone services. Potable water supply has been provided to the existing facilities and village houses in the Area except Yung Shue Au. There is no existing and planned drainage system in the Area.

7.2.8 Geotechnical Constraint

The Area is overlooked by steep natural hillsides and may be affected by potential natural terrain landslide hazards. For the future development in the Area, the developers may be required to carry out a

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natural terrain hazard study and provide suitable hazard mitigation measures, if found necessary, as part of the development.

8. GENERAL PLANNING INTENTION

8.1 The Area forms an integral part of the natural system of the adjoining PCCP with a wide spectrum of natural habitats including, inter alia, woodland, shrubland, fallow agricultural land, low-lying wetland habitat (including freshwater/brackish marsh, intertidal water pond/mudflat, mangrove, reedbed, seagrass), stream course, estuarine mangrove and rocky/sandy shore, etc., which should be preserved and protected. The general planning intention of the Area is to protect its high conservation and landscape value which complements the overall naturalness and the landscape beauty of the surrounding PCCP.

8.2 Apart from the environmental and ecological considerations, development in

the Area is constrained by limited transport and infrastructural provisions. It is also intended to consolidate village development so as to avoid undesirable disturbances to the natural environment and overtaxing the limited infrastructure in the Area.

9. LAND-USE ZONINGS

9.1 “Village Type Development” (“V”): Total Area 5.88 ha

9.1.1 The planning intention of this zone is to designate both the existing recognized village and areas of land considered suitable for village expansion. Land within this zone is primarily intended for development of Small Houses by indigenous villagers. It is also intended to concentrate village type development within this zone for a more orderly development pattern, efficient use of land and provision of infrastructures and services. Selected commercial and community uses serving the needs of the villagers and in support of the village development are always permitted on the ground floor of a New Territories Exempted House. Other commercial, community and recreational uses may be permitted on application to the Town Planning Board.

9.1.2 Fung Hang, Kuk Po (including Kuk Po Lo Wai, Kuk Po San Uk Ha,

Yi To, Sam To, Sze To and Ng To) and Yung Shue Au are the recognized villages in the Area. The boundaries of the “V” zones are drawn up having regard to the village ‘environs’ (‘VEs’), the number of outstanding Small House application, Small House demand forecast, local topography and site constraints. Areas of difficult terrain, dense vegetation, stream courses and burial grounds have been avoided as far as possible.

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9.1.3 No new development, or addition, alteration and/or modification to or redevelopment of an existing building shall result in a total development and/or redevelopment in excess of a maximum building height of 3 storeys (8.23m) or the height of the building which was in existence on the date of the first publication in the Gazette of the notice of the draft DPA plan, whichever is the greater. Application for minor relaxation of these restrictions would be considered by the Board based on individual merits, taking into account site constraints, innovative architectural design and planning merits that would enhance the amenity of the locality.

9.1.4 As diversion of streams or filling of pond may cause adverse drainage

impacts on the adjacent areas and adverse impacts on the natural environment, permission from the Board is required for such activities except public works co-ordinated or implemented by Government, and maintenance, repair or rebuilding works.

9.1.5 In accordance with the Environment, Transport and Works Bureau’s

Technical Circular (Works) No. 5/2005 “Protection of Natural Streams/Rivers from Adverse Impacts Arising from Construction Works”, under the current administrative practice, development proposals/submissions that may affect natural streams/rivers, the approving/processing authorities at various stages of the development should consult and collate comments from the Agriculture, Fisheries and Conservation Department (AFCD) and relevant authorities and incorporate relevant comments/advice as conditions of approval wherever possible. Accordingly, Lands Department, when processing Small House grant and applications in close proximity to existing stream courses, should consult concerned departments including AFCD, Environmental Protection Department and Planning Department to ensure that all relevant departments would have adequate opportunity to review and comment on the applications.

9.1.6 The “V” zone in the Area is overlooked by steep natural hillsides and

may be affected by potential natural terrain landslide hazards. For the future development in the Area, the developers may be required to carry out a natural terrain hazard study and provide suitable hazard mitigation measures, if found necessary, as part of the development.

9.1.7 There is no public sewer for the Area. For Small House development,

the design and construction of the septic tank and soakaway systems need to comply with relevant standards and regulations, such as EPD’s Practice Note for Professional Persons (ProPECC PN) 5/93 – “Drainage Plans subject to Comment by the Environmental Protection Department”, for the protection of the water quality of the Area.

9.1.8 Yeung Ancestral Hall and Li Ancestral Hall at Kuk Po Lo Wai are

Grade 3 historic buildings worthy of preservation. Part of the area under this zoning falls within the Kuk Po Site of Archaeological Interest. Prior consultation with the Antiquities and Monuments Office of the Leisure and Cultural Services Department should be

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made if any development, redevelopment or rezoning proposals might affect the above historic buildings or site of archaeological interest and their/its immediate environs.

9.2 “Government, Institution or Community” (“G/IC”): Total Area 0.06 ha

9.2.1 The planning intention of this zone is primarily for the provision of Government, institution or community (GIC) facilities serving the needs of the local residents and/or a wider district, region or the territory. It is also intended to provide land for uses directly related to or in support of the work of the Government, organizations providing social services to meet community needs, and other institutional establishments.

9.2.2 The major GIC facilities under this zone are Kai Choi School and Hip

Tin Temple in Kuk Po, which were constructed in 1931. The building is a Grade 3 historic building worthy of preservation. The school was closed in 1993 whilst the temple is still in use.

9.2.3 To preserve the rural and low-rise character of the Area as well as

provide spatial and visual relief, development/redevelopment within this zone should be restricted to a maximum building height as stipulated on the Plan (i.e. two storeys) or the height of the building which was in existence on the date of the first publication in the Gazette of the notice of the draft DPA plan, whichever is greater.

9.2.4 To provide flexibility for innovative design adapted to the

characteristics of particular sites, minor relaxation of the building height restriction may be considered by the Board through the planning permission system. Each application will be considered on its individual planning merits.

9.3 “Agriculture (“AGR”): Total Area 3.94 ha

9.3.1 The planning intention of this zone is primarily to retain and safeguard good quality agricultural land/farm/fish ponds for agricultural purposes. It is also intended to retain fallow arable land with good potential for rehabilitation for cultivation and other agricultural purposes.

9.3.2 This zone covers fallow agricultural lands which possess potential for

agricultural rehabilitation and are not covered with dense vegetation adjoining to the existing village clusters at more accessible locations. These include some fallow agricultural land mainly covered with grasses and shrubs in front of the existing village cluster in Fung Hang, and those admist the existing village clusters in Kuk Po Lo Wai. This is not only to retain fallow arable land for agricultural purposes and encourage agricultural rehabilitation, but also to preserve the rural setting in the Area.

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9.3.3 As diversion of streams or filling of land/pond may cause adverse impacts on the natural environment and the ecological value of the adjacent area, permission from the Board is required for such activities. However, filling of land specifically required under prior written instructions of Government department(s), or for the purposes of genuine agricultural practice including laying of soil not exceeding 1.2m in thickness for cultivation, and construction of agricultural structure with prior written approval from the Lands Department is exempted from the control.

9.4 “Green Belt” (“GB”): Total Area 57.38 ha

9.4.1 The planning intention of this zone is primarily for defining the limits of urban and sub-urban development areas by natural features and to contain urban sprawl as well as to provide passive recreational outlets. There is a general presumption against development within this zone.

9.4.2 The “GB” zone comprising mainly woodlands, shrublands, streams

and rocky/sandy shores, can provide a buffer between the village type developments and the PCCP and conserve the natural and rural character of the Area.

9.4.3 The “GB” zone also comprises the small portions of the permitted

burial grounds along the northwestern edge of Fung Hang and the northeastern edge of Kuk Po. They have been in existence for many years, and are considered as existing use intended for the burial of deceased indigenous villagers in the Area. To respect the local ritual and tradition, burial activities within this zone are generally tolerated.

9.4.4 There is a general presumption against development within this zone.

Development in this zone will be strictly controlled. Development proposals will be considered by the Board on individual merits taking into account the relevant Town Planning Board Guidelines.

9.4.5 As diversion of streams, filling of land/pond or excavation of land

may cause adverse drainage impacts on the adjacent areas and adverse impacts on the natural environment, permission from the Board is required for such activities except public works co-ordinated or implemented by Government, and maintenance, repair or rebuilding works.

9.5 “Conservation Area”: Total Area 23.01 ha

9.5.1 This zoning is intended to protect and retain the existing natural landscape, ecological or topographical features of the area for conservation, educational and research purposes and to separate sensitive natural environment such as Country Park from the adverse effects of development. There is a general presumption against development in this zone. In general, only developments that are needed to support the conservation of the existing natural landscape

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or scenic quality of the area or are essential infrastructure projects with overriding public interest may be permitted.

9.5.2 The “CA” zone covers the mature woodlands behind the villages,

which are generally in good conditions with more diverse tree species. They are ecologically linked with those within the PCCP. There are some plant species of conservation significance including Aquilaria sinensis (土沉香 ), Artocarpus hypargyreus (白桂木 ) Mucuna championii (港油麻藤), Ailanthus fordii (常綠臭椿) and Popowia pisocarpa (嘉陵花) and Macaranga sampsonii (鼎湖血桐); and butterfly species of conservation concern including Isoteinon lamprospilus lamprospilus (旖弄蝶), the rare Aeromachus jhora (寬鍔弄蝶) and Cethosia biblis (紅鋸蛺蝶). The natural woodland and the coastal wetland in Kuk Po provide a good habitat for over 100 species of butterflies.

9.5.3 It also covers the freshwater/brackish marshes comprising mainly

intertidal water pond/mudflat, mangrove, reedbed and seagrass along the low-lying coastal areas in the three sub-areas, as well as lower sections of the EISs in Kuk Po and Yung Shue Au. Together with the coastal habitats, the wetland complex in Kuk Po supports a high diversity of dragonflies and freshwater fishes including Macropodus hongkongensis (香港鬥魚 ), Oryzias curvinotus (弓背青鱂 ) and Orthetrum poecilops poecilops (斑灰蜻). Kuk Po is identified as a hotspot for both freshwater fish and butterfly, and wetland plants of conservation concern Ceratopteris thalictroides ( 水蕨 ) and Sphenoclea zeylanica (尖瓣花) are recorded therein. Yung Shue Au is identified as a hotspot for freshwater fishes with records of a rare goby, Stiphodon atropurpureus (菲律賓枝牙鰕虎). Other species of conservation concern including Orthetrum poecilops poecilops (斑灰

蜻) are also recorded. 9.5.4 The estuarine mangrove in the western section of the coastal front

along Fung Hang is also zoned “CA”. 9.5.5 New residential development is not permitted under this zone.

Redevelopment of existing houses may be permitted on application to the Board. The redevelopment of existing houses shall not result in a total redevelopment in excess of the plot ratio, site coverage and height of the house which was in existence on the date of the first publication in the Gazette of the notice of the draft DPA Plan.

9.5.6 Diversion of streams, filling of land/pond or excavation of land may

cause adverse drainage impacts on adjacent areas and adverse impacts on the natural environment. In view of the conservation value of the area within this zone, permission from the Board is required for such activities.

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10. CULTURAL HERITAGE

10.1 Kai Choi School and Hip Tin Temple at Kuk Po, and Yeung Ancestral Hall and Li Ancestral Hall at Kuk Po Lo Wai are Grade 3 historic buildings worthy of preservation. Also, Kuk Po Site of Archaeological Interest largely falls within the Area.

10.2 The Antiquities Advisory Board (AAB) also released a list of new items in

addition to the list of 1,444 historic buildings. These items are subject to grading assessment by the AAB. Details of the list of 1,444 historic buildings and the new items have been uploaded onto the website of the AAB at http://www.aab.gov.hk.

10.3 An assessment shall be conducted to evaluate the archaeological impact

imposed by the proposed works if there is any development within the Site of Archaeological Interest. If necessary, a professional archaeologist shall be engaged to apply for a licence from the Antiquities Authority under the Antiquities and Monuments Ordinance (Cap. 53) for an archaeological field investigation to evaluate whether the proposed works is acceptable from an archaeological preservation point of view and propose appropriate mitigation measures.

10.4 Prior consultation with the Antiquities and Monuments Office of the Leisure

and Cultural Services Department should be made if any development, redevelopment or rezoning proposals might affect the above historic buildings, new items pending grading assessment, or site of archaeological interest and their/its immediate environs.

11. COMMUNICATIONS Transport Network

The Area is not served by any vehicular access and the nearest public road, Bride’s Pool Road, is situated near Kai Kuk Shue Ha to the west in Luk Keng. There is a walking trail running along the southern coast of Starling Inlet connecting the Area to Luk Keng. There are also piers/jetties in Fung Hang, Kuk Po and Yung Shue Au where small boats would berth.

12. UTILITY SERVICES

The Area is provided with electricity and telephone services. Potable water supply has been provided to the existing facilities and village houses in the Area except Yung Shue Au. There are no existing and planned drainage system and no public sewerage system in the Area.


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13. IMPLEMENTATION 13.1 The Plan provides a broad land-use framework for development control and

implementation of planning proposals for the Area. More detailed plans will be prepared as a basis for public works planning and private developments.

13.2 At present, there is no overall programme for the provision of infrastructure

within the Area. The implementation process will be gradual and may stretch over a long period of time depending on the availability of resources. It will be undertaken through the participation of both the public and private sectors.

13.3 Notwithstanding the above, minor improvement works, e.g. access

improvement and laying of utility services will be implemented through the Public Works Programme and the Rural Public Works as and when resources are available. Private developments will be effected principally through private sector initiatives to develop or redevelop their properties in accordance with the zoned uses indicated on the Plan, provided that their proposals meet Government requirements.

14. PLANNING CONTROL

14.1 The types of permitted developments and uses on land within the Area are

listed in the Notes to the Plan. Unless otherwise specified, all building, engineering and other operations incidental to and all uses directly related and ancillary to the permitted developments and uses within the same zone are always permitted and no separate permission is required.

14.2 Uses of land or building which were in existence immediately before the first

publication in the Gazette of the notice of the draft DPA Plan and which are not in compliance with the terms of the Plan may have adverse impacts on the environment, drainage and traffic of the Area. Although no action is required to make such use conform to this Plan, any material change of such use or any other development (except minor alteration and/or modification to the development of the land or building in respect of such use which is always permitted) must be always permitted in terms of the Plan or, if permission is required, in accordance with a permission grated by the Board. The Board will consider these applications on their individual merits. Those alteration and/or modification works which may lead to an environmental improvement or upgrading to the Area may be considered favourably by the Board.

14.3 Planning applications to the Board will be assessed on individual merits. In

general, the Board, in considering the planning applications, will take into account all relevant planning considerations including guidelines published by the Board. Guidelines published by the Board are available from the Board’s website, the Secretariat of the Board and the Technical Services Division of the Planning Department. Application forms and Guidance Notes for planning applications can be downloaded from the Board’s website, and are available from the Secretariat of the Board, and the Technical Services Division and the relevant District Planning Office of the Planning Department. Applications

- 17 - S/NE-KP/B

should be supported by such materials as the Board thinks appropriate to enable it to consider the applications.

14.4 Any development, other than those referred to in paragraph 14.1 above or in

conformity with this Plan or with the permission of the Board, undertaken or continued on land included in this Plan on or after the date of the first publication in the Gazette of the Notice of the draft DPA Plan may be subject to enforcement proceedings under the Ordinance. Any diversion of streams, filling of land/pond and excavation of land in the relevant zones on or after the date of the first publication in the Gazette of the Notice of the draft DPA Plan without permission from the Board may also be subject to enforcement proceedings. Moreover, there is a presumption against filling of ponds for temporary land uses/developments in conservation-related zonings, such as “CA”.

PLANNING DPEARTMENT AUGUST 2015

Planning Report on Kuk Po, Fung Hang and Yung Shue Au

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CONTENTS

Page

1. INTRODUCTION

1.1 Purpose of the Planning Report 1 1.2 Background 1

2. THE STUDY AREA

2.1 Location 2 2.2 Natural Features 2 2.3 Historical Development 5 2.4 Population and Employment 5 2.5 Existing Land Uses 6 2.6 Land Ownership 7 2.7 Transportation and Access 7 2.8 Infrastructure and Utility Services 8

3. PLANNING ANALYSIS

3.1 Strategic Planning Context 8 3.2 Environment and Conservation 9 Considerations 3.3 Development Constraints 9 3.4 Development Opportunities 12 3.5 Development Pressure 13 3.6 Development Proposals Received in the 14 Course of Preparation of the Plan

Page

4. PLANNING PROPOSALS

4.1 The Outline Zoning Plan 14 4.2 Planning Objectives 14 4.3 Planning Principles 15 4.4 Land Use Proposals 15

5. IMPLEMENTATION 21 Table 1: Small House Demand in 2013 and 2015


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List of Figures Figure 1 Location Plan Figure 2 Kuk Po, Fung Hang and Yung Shue Au

Development Permission Area Plan Figure 3 Study Area Figure 4 Aerial Photo Figure 5a Existing Physical Features Figure 5b – 5j Photos of Existing Physical Features Figure 6a Existing Land Uses Figure 6b – 6q Photos of Existing Land Uses Figure 7 Land Ownership and Village ‘Environs’ Figure 8 Existing GIC, Infrastructural, Recreation and

Tourism-related Facilities Figure 9 Ecological and Cultural Heritage Resources Figure 10 Development Constraints Figure 11 Tree Felling on Government Land and Private

Lots in Kuk Po Lo Wai detected in February 2015

Figure 12 Proposed Land Uses


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1. INTRODUCTION

1.1 Purpose of the Planning Report The purpose of this Planning Report is to give an account of the background and an appraisal of the existing conditions, characteristics and development requirements of the Kuk Po, Fung Hang and Yung Shue Au area (the Area). It also aims at providing a basis for the preparation of an Outline Zoning Plan (OZP) for the Area and the formulation of a planning framework to guide future development.

1.2 Background 1.2.1 The Area, covering a total land area of about 90.27 ha,

comprises three sub-areas, namely Fung Hang, Kuk Po and Yung Shue Au. It is surrounded by the Plover Cove Country Park at the northeastern fringe of the New Territories and fronting the Starling Inlet in the north (Figure 1).

1.2.2 Surrounded by the Plover Cove Country Park on three sides,

and comprising mainly woodland, shrubland, fallow agricultural land, low-lying wetland habitat (including freshwater/brackish marsh, intertidal water pond/mudflat, mangrove, reedbed, seagrass), stream course, estuarine mangrove and rocky/sandy shore, the Area forms part of the wider natural system of the Plover Cove countryside. Fung Hang, Kuk Po (including Kuk Po Lo Wai, Kuk Po San Uk Ha, Yi To, Sam To, Sze To and Ng To) and Yung Shue Au1

1 According to District Lands Officer/North, Lands Department (DLO/N, LandsD)’s record, the English name of the recognized village in Yung Shue Au is read as “Yun Shue Au”.

are the recognized villages in the Area. In general, the Area is

natural and rural in character with a scenic setting and is popular to visitors and hikers for its seaside walk.

1.2.3 Any large scale and uncontrolled development may affect the

natural environment including the ecological and landscape value of the Area. There was an urgent need to prepare a development permission area (DPA) plan for the Area to facilitate proper planning control and enforcement. Under the power delegated by the Chief Executive (CE), on 31.10.2012, the Secretary for Development directed the Town Planning Board (the Board) to prepare a draft plan designating the Area as a DPA.

1.2.4 The draft Kuk Po, Fung Hang and Yung Shue Au DPA Plan

No. DPA/NE-KP/1 was exhibited for public inspection under section 5 of the Town Planning Ordinance (the Ordinance) on 8.3.2013. During the plan exhibition period, a total of 12 representations and no comment were received. After giving consideration to the representations on 6.12.2013, the Board decided not to propose any amendment to the draft DPA plan to meet the representations.

1.2.5 On 11.3.2014, the Chief Executive in Council (CE in C)

approved the draft Kuk Po, Fung Hang and Yung Shue Au DPA Plan, which was subsequently renumbered as DPA/NE-KP/2 (Figure 2) . On 21.3.2014, the approved Kuk Po, Fung Hang and Yung Shue Au DPA Plan No. DPA/NE-CK/2 was exhibited for public inspection under section 9(5) of the the Ordinance.


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1.2.6 Pursuant to section 20(5) of the Ordinance, the DPA Plan is effective for three years until 8.3.2016. On 23.6.2015, the CE, pursuant to section 3(1)(a) of the Ordinance, directed the Board to prepare an OZP for the Area.

2.

THE STUDY AREA

2.1. Location

2.1.1 The Area, covering a total land area of about 90.27 ha, comprises three sub-areas, namely Fung Hang (about 9.32 ha), Kuk Po (about 62.82 ha) and Yung Shue Au (about 18.13 ha). It is surrounded by the Plover Cove Country Park at the northeastern fringe of the New Territories and fronting the Starling Inlet in the north. The location of the Area is shown on Figures 3 and 4.

2.1.2 The Area is not served by any vehicular access and the nearest public road, Bride’s Pool Road, is situated near Kai Kuk Shue Ha to the west in Luk Keng. There is a walking trail running along the southern coast of Starling Inlet connecting the Area to Luk Keng. There are also piers/jetties in Fung Hang, Kuk Po and Yung Shue Au where small boats would berth.

2.2. Natural Features

Physical Setting and Topography (Figures 5a to 5j)

Fung Hang

2.2.1 Fronting Starling Inlet in the north, Fung Hang mainly comprises an elongated vegetated knoll in the middle separating two tracts of flat land, which are gradually sloping

uphill to the mountains in the south. Fung Hang Village occupies the larger tract of flat land in the eastern part of the sub-area, which is flanked by the mature woodland on the vegetated knoll to the southwest and the freshwater/brackish marsh on the low-lying coastal area to the northeast. A natural stream flows in the north-south direction in the western part of the sub-area. The coast comprises a dam and a short strip of rocky shore and estuarine mangrove in the west.

Kuk Po

2.2.2 Kuk Po is dominated by a large piece of flat land at the coastal area facing Tai Wan to the northwest and two strips of flat land sandwiched between the hillslopes extending inland to the south. It is surrounded by vegetated hillslopes on three sides adjoining PCCP and the coastal front is mainly defined by a long dam with sandy/rocky shore in the eastern and western ends. Village clusters are scattered along the periphery of the freshwater/brackish marsh near the coast, amidst patches of marshy areas in the east or situated at the foothills in the inland. Natural streams flow across the sub-area from the highland in the south to the coastal marshland in the north.

Yung Shue Au

2.2.3 In Yung Shue Au, a large piece of flat land fronting Yung Shue Au Wan in the northeast extends into a narrow valley in the southwest surrounded by vegetated hillslopes. Yung Shue Au2


Village is a long strip of village cluster situated between the freshwater/brackish marsh on the low-lying coastal area to


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the east and the mature woodland on the vegetated hillslopes on the west. A natural stream flows across the central part of the sub-area. A dam dominates the coastal front with sandy/rocky shore at its eastern end.

Natural Habitats (Figures 5a to 5j)

2.2.4 The Area forms part of the wider natural system of the Plover

Cove countryside. It comprises mainly woodland, shrubland, fallow agricultural land, low-lying wetland habitat (including freshwater/brackish marsh, intertidal water pond/mudflat, mangrove, reedbed, seagrass), stream course, estuarine mangrove and rocky/sandy shore.

(a) Woodland/ Shrubland

(i) Woodlands and shrublands mainly cover the inland and uphill parts in the Area and are ecologically linked with the habitats within the Plover Cove Country Park. The woodlands behind the villages are generally more mature and in good conditions, and the tree species are more diverse.

(ii) In Fung Hang, woodland in the south and west is

adjoining the Plover Cove Country Park and a mature woodland behind the village is located in the middle of the sub-area. There are some plant species of conservation significance including Aquilaria sinensis ( 土沉香 ), and butterfly species of conservation concern including Isoteinon lamprospilus lamprospilus (旖弄蝶) in the sub-area.

(iii) In Kuk Po, the hilly areas adjoining the Plover Cove Country Park are well wooded. Mature woodlands behind villages are located at Kuk Po Lo Wai, Kuk Po San Uk Ha, Sam To and Ng To. Plant species of conservation significance including Aquilaria sinensis (土沉香), Artocarpus hypargyreus (白桂木) Mucuna championii (港油麻藤), Ailanthus fordii (常綠臭椿) and Popowia pisocarpa (嘉陵花) are found in the sub-area. The natural woodland and the coastal wetland provide a good habitat for over 100 species of butterflies including the rare Aeromachus jhora (寬鍔

弄蝶). (iv) A mature woodland can be found behind Yung Shue

Au Village at the foothill of the Plover Cove Country Park. Species of conservation concern including Aquilaria sinensis (土沉香 ), Macaranga sampsonii ( 鼎湖血桐 ), Cethosia biblis ( 紅鋸蛺蝶 ) and Aeromachus jhora (寬鍔弄蝶) are recorded.

(b)

Freshwater/Brackish Marsh/ Stream Course/ Estuarine Mangrove

(i) In Fung Hang, Kuk Po and Yung Shue Au, dams were constructed at the seashores and the low-lying lands behind the dams were developed into agricultural lands, which were fed by stream courses flowing from adjacent hillslopes. With the abandonment of agricultural land a few decades ago and intrusion of seawater from the un-maintained dams, much of fallow wet agricultural land has developed into freshwater/brackish marshes. These


4

freshwater/brackish marshes 3

comprising mainly intertidal water pond/mudflat, mangrove, reedbed and seagrass are located along the low-lying coastal areas in the three sub-areas. Patches of marshy areas are found on the seasonally wet grassland/shrubland mosaic mainly in the eastern part of Kuk Po and a small area of freshwater marsh is also found near the southern fringe in the valley area of Yung Shue Au.

(ii) In Fung Hang, a natural stream with estuarine mangrove is found in the western part.

(iii) In Kuk Po, a natural stream flows across the sub-area

from Ng To in the south to Kuk Po San Uk Ha in the north and about 1 km of the stream course is considered as an Ecologically Important Stream (EIS). Together with the coastal habitats, the wetland complex supports a high diversity of dragonflies and freshwater fishes including Macropodus hongkongensis (香港鬥魚), Oryzias curvinotus (弓背

青鱂 ) and Orthetrum poecilops poecilops (斑灰蜻) which are of conservation significance. The natural woodland and the coastal wetland provide a good habitat for over 100 species of butterflies including the rare Aeromachus jhora ( 寬鍔弄蝶 ). Kuk Po is identified as a hotspot for both freshwater fish and butterfly. Wetland plants of conservation concern including Ceratopteris thalictroides ( 水蕨 ) and

3 The freshwater/brackish marsh in Fung Hang mainly comprises pond, mangrove and reedbed. The freshwater/brackish marsh in Kuk Po mainly comprises pond/mudflat, mangrove and reedbed. The freshwater/brackish marsh in Yung Shue Au mainly comprises pond/mudflat, mangrove, reedbed and seagrass.

Sphenoclea zeylanica (尖瓣花) are recorded.

(iv) In Yung Shue Au, an EIS of about 750 m in length flowing across the sub-area continuously supplies freshwater to the wetlands. The sub-area is identified as a hotspot for freshwater fish with records of a rare goby, Stiphodon atropurpureus(菲律賓枝牙鰕虎魚 ). Other species of conservation concern including Orthetrum poecilops poecilops (斑灰蜻 ) are also recorded.

(c)

Fallow Agricultural Land

(i) Many of the lowland areas in the Area are fallow agricultural lands, which basically spread around the village clusters and occupy the lands of gentle topography, and are seasonally wet. Those on or near the hillslopes are largely overgrown with trees/shrubs and turn into woodlands/shrublands. Other than the freshwater/brackish marshes in the coastal areas, the remaining fallow agricultural lands are mostly covered with grasses and shrubs.

(ii) In Fung Hang, fallow agricultural lands mainly

covered with grasses and shrubs can be found in front of and adjoining the existing village cluster in the eastern part, as well as along the natural stream separated from the existing village cluster in the western part of the sub-area.

(iii) In Kuk Po, fallow agricultural lands mainly covered

with grasses and shrubs basically spread around the existing village clusters, with those around Kuk Po Lo


5

Wai and Kuk Po San Uk Ha having turned into patches of marshy areas.

(iv) In Yung Shue Au, fallow agricultural lands mainly

covered with grasses and shrubs are located near the village cluster.

(d)

Rocky/Sandy Shore

The coasts of Fung Hang, Kuk Po and Yung Shue Au are dominated by dams and rocky/sandy shores.

2.3 Historical Development

2.3.1 Fung Hang, Kuk Po (including Kuk Po Lo Wai, Kuk Po San Uk Ha, Yi To, Sam To, Sze To and Ng To) and Yung Shue Au are the recognized villages of the Sha Tau Kok Heung. Quite of a number of the village houses are abandoned with many in dilapidated condition or become ruins.

2.3.2 Kai Choi School and Hip Tin Temple at Kuk Po, and Yeung

Ancestral Hall and Li Ancestral Hall at Kuk Po Lo Wai are Grade 3 historic buildings worthy of preservation. Also, Kuk Po Site of Archaeological Interest largely falls within the Area.

2.3.3 Constructed in 1931, Kai Choi School and Hip Tin Temple

are allocated in a block of building which has been accorded a Grade 3 status by Antiquities Advisory Board (AAB) on 31.8.2010. A new annex of school building was added next to the school premises. It witnessed the education of the villagers in Kuk Po and was a venue for them to deal with the village affairs. The school was closed in 1993 whilst the temple is still in use.

2.3.4 Yeung Ancestral Hall and Li Ancestral Hall are probably

constructed in the later half of the mid-18th century and the 18th

century respectively. The Yeungs were the earliest settlers who moved to Kuk Po about 300 years ago. Ancestral worships, wedding and funeral ceremonies and Dim Dang ritual were held at the halls.

2.3.5 Kuk Po was recorded by the Hong Kong Archaeological Society as an archaeological site for the discovery of geometric pottery (prehistoric remains). Blue and white porcelain and brown domestic ware of Qing Dynasty were also found in 1998.

2.4 Population and Employment According to the 2011 Census, the total population of the Area was estimated to be about 67. The Area is popular to visitors and hikers, with its seaside walk providing a panoramic view towards Starling Inlet and the Luk Keng coastal mangroves, and the Fung Hang Family Walk to its west which can be easily accessed from Bride’s Pool Road. There are several eateries/provision stores serving visitors and hikers in Fung Hang and Kuk Po during weekends and holidays. Besides, considerable amount of agricultural land has been lying fallow, either turning into wetlands or overgrown with trees, shrubs and grasses.


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2.5 Existing Land Uses (Figures 6a to 6q) 2.5.1 The major existing land uses including the following:

Village Type Development

Fung Hang

2.5.2 Fung Hang is the only recognized village in the sub-area. There are about 50 village houses of 1 to 2 storeys, arranged generally in two rows facing north. The conditions of these houses vary from fair to poor with quite a number of them currently abandoned. There is an eatery/provision store serving visitors and hikers during the holidays.

2.5.3 As advised by District Lands Officer/North, Lands

Department (DLO/N, LandsD)’s record for the Fung Hang Village, there is no outstanding Small House application, and the 10-year (2014-2023) Small House demand forecast provided by the respective Indigenous Inhabitant Representative (IIR) is 418.

Kuk Po

2.5.4 Village settlements are concentrated in a number of recognized villages namely Kuk Po Lo Wai and Kuk Po San Uk Ha and the inland villages of Yi To, Sam To, Sze To and Ng To, with quite a number of them currently abandoned. Kuk Po Lo Wai is a walled village with six rows of houses, most of which are in ruins. There is also an eatery/provision store in Kuk Po Lo Wai serving visitors and hikers during the holidays. Kuk Po San Uk Ha is a village with two rows of houses, most of which are deserted. Sam To has been

deserted and is surrounded by dense vegetation and hence is currently inaccessible. Ng To is over 1 km away from the coast sloping uphill in the inland. The village clusters of Kuk Po Lo Wai (the southernmost one), Kuk Po San Uk Ha, Sam To and Ng To are adjacent to the Country Park.

2.5.5 According to DLO/N, LandsD’s record for Kuk Po, there is

one outstanding Small House application and the 10-year (2014-2023) Small House demand forecast provided by the respective IIR is 800.

Yung Shue Au

2.5.6 Yung Shue Au, which is the only recognized village in the sub-area, consists of two rows of houses and some scattered houses. Most of them are in poor condition and are basically uninhabited. Besides, there are some abandoned barracks near the entrance of the village which were established in the early 1980s by the British army to guard against illegal immigrants.

2.5.7 According to DLO/N, LandsD’s record for Yung Shue Au

Village, there is no outstanding Small House application, and the 10-year (2009-2018) Small House demand forecast provided by the respective IIR is 20.

Government, Institution or Community (GIC) Facilities

2.5.8 Major GIC facilities to meet the community needs include two

single storey public toilets, one near the entrance to Fung Hang and another one adjoining Kuk Po Lo Wai to the southwest. Both of these public toilets are allocated to Food and Environmental Hygiene Department (FEHD) under Permanent Government Land Allocation (PGLA). Besides,


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there are two other toilets in Kuk Po. The one near Kai Choi School, is a latrine ancillary to the school, and there is no land record for another one in Sze To. According to on-site observation, these two toilets are not currently in use.

2.5.9 According to the conceptual enhancement proposals in

Linkage Area of the Study on the Enhancement of the Sha Tau Kok Rural Township and Surrounding Areas – Feasibility Study (the STK Study), two public toilets will be constructed at appropriate locations, including one in Kuk Po and another movable one in Yung Shue Au. These proposals were proposed to be implemented by relevant Government departments subject to availability of resources.

2.5.10 The building of Kai Choi School and Hip Tin Temple at Kuk

Po was constructed in 1931 and is now a Grade 3 historic building worthy of preservation. The school was closed in 1993 whilst the temple is still in use.

Cultural Heritage Resources 2.5.11 Kai Choi School and Hip Tin Temple at Kuk Po, and Yeung

Ancestral Hall and Li Ancestral Hall at Kuk Po Lo Wai are Grade 3 historic buildings worthy of preservation. Also, Kuk Po Site of Archaeological Interest largely falls within the Area. Please refer to paragraph 2.3 for details.

Burial Grounds

2.5.12 There are two permitted burial grounds in the Area. One is on

the hillslopes along the northwestern edge of Fung Hang, and another one is also on the hillsopes along the northeastern edge of Kuk Po.

Others 2.5.13 There are some abandoned barracks near the entrance of Yung

Shue Au Village which were established in early 1980s by the British army to guard against illegal immigrants.

2.6 Land Ownership Slightly over 42.22 ha of land in the Area (about 46.77%) is Government land while the remaining 48.05 ha of land (about 53.23%) are private land comprising mainly agricultural land and some building lots (Figure 7).

2.7 Transportation and Access

2.7.1 The Area is not served by any vehicular access and the nearest

public road, Bride’s Pool Road, is situated near Kai Kuk Shue Ha to the west in Luk Keng. There is a walking trail running along the southern coast of Starling Inlet connecting the Area to Luk Keng. There are also piers/jetties4

in Fung Hang, Kuk Po and Yung Shue Au where small boats would berth.

2.7.2 Fung Hang is located in proximity to Bride’s Pool Road but is not served by any vehicular access. It is accessible by a walking trail running along the southern coast of Starling Inlet connecting to Luk Keng in the west and to Kuk Po and Yung Shue Au to the east and northeast respectively. An existing pier is also found in the northeastern part of the sub-area.

Fung Hang

4 Starling Inlet which the piers at Fung Hang and Kuk Po front and through which vessels from Sha Tau Kok town to Yung Shue Au is designated as a Frontier Closed Area. As advised by Marine Department, in the three sub areas, there is no “kaito” ferry service currently in operation but piers/jetties therein enable berthing of small boats.


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2.7.3 Kuk Po is not served by any vehicular access but is accessed by a walking trail along the coast connecting to Luk Keng via Fung Hang. An existing jetty is also found in the northeastern part of the sub-area.

Kuk Po

2.7.4 Yung Shue Au is only accessible by a walking trail connecting to Kuk Po, Fung Hang and Luk Keng in the west and So Lo Pun in the south. There is a jetty outside the sub-area to its northwest.

Yung Shue Au

2.8 Infrastructure and Utility Services

The Area is provided with electricity and telephone services. Potable water supply has been provided to the existing facilities and village houses in the Area except Yung Shue Au. There are no existing and planned drainage system and no public and sewerage system5

in the Area.

3. 3.1 Strategic Planning Context

PLANNING ANALYSIS

3.1.1 Given the natural environment, its ecological and landscape

value coupled with its limited accessibility due to lack of vehicular access and potential natural terrain landslide hazards, the planning framework for the Area should fundamentally be

5 As advised by Environmental Protection Department (EPD), they earlier engaged a consultant to investigate provision of sewerage infrastructure for remote unsewered villages in the North District. The investigation considered a number factors including population, environmental condition, accessibility, local views etc. of these villages and concluded that the very remote villages at Fung Hang, Kuk Po Lo Wai, Ko Po San Uk Ha, Yi To, Sze To, Ng To and Yung Shue Au have a low priority for public sewerage.

for preservation of the natural environment. Any large-scale development is not recommended to minimize the encroachment onto the sensitive environment and to protect and enhance ecological and landscape conservation.

3.1.2 In the ‘Study on the Enhancement of the Sha Tau Kok Rural Township and Surrounding Areas – Feasibility Study’6

(the STK Study) completed in 2013, the Area is included in the Linkage Area comprising part of the coastal area and major outer islands near STK (Figure 1a) . The Linkage Area is of high ecological and landscape value, and its tranquil rural setting should be preserved as far as possible for both local residents and visitors. Some small-scale conceptual enhancement proposals with minor construction works are proposed to enhance the tourism potential of the Linkage Area without compromising the ecologically-sensitive environment. These include provision of public toilet in Kuk Po and Yung Shue Au and installation of information board in Kuk Po, Fung Hang and Yung Shue Au.

3.1.3 According to the ‘Landscape Value Mapping of Hong Kong (2005)’, the Area is characterized as “Settled Valley Landscape” which is defined largely by its valley topography having a strong sense of enclosure and tranquillity and a system of active or abandoned agricultural fields together with

6 The overall objective of the STK Study is to formulate an Integrated Area Improvement Plan, setting out comprehensive improvement proposals to enhance the physical environment of the STK Town and its surrounding areas. It strives to strike a balance between nature conservation, cultural heritage protection, development of tourist destinations and long-term sustainability of the villages. The Linkage Area comprises areas including Fung Hang, Kuk Po, Yung Shue Au, So Lo Pun, Lai Chi Wo, Sam A Tsuen, Ap Chau and Kat O. Village settlements are scattered in the Linkage Area.


9

villages. Surrounded by woodlands and fronting Starling Inlet, the Area has typical Fung Shui village layout in the New Territories with village settlements in a “water facing home that backs on to hills” setting with rich landscape resources such as mangroves, ponds and marshlands. In general, the Area is natural and rural in character and has high landscape and scenic value.

3.2 Environment and Conservation Considerations (Figure 9)


and comprising mainly woodland, shrubland, fallow agricultural land, low-lying wetland habitat (including freshwater/brackish marsh, intertidal water pond/mudflat, mangrove, reedbed, seagrass), stream course, estuarine mangrove and rocky/sandy shore, the Area forms part of the wider natural system of the Plover Cove countryside.

3.2.2 Woodlands and shrublands mainly cover the inland and uphill

parts and include a number of mature woodlands behind the villages, which are generally in good conditions with more diverse tree species. They are ecologically linked with the habitats within the Plover Cove Country Park. There are some plant species of conservation significance and butterfly species of conservation concern.

3.2.3 Freshwater/brackish marshes comprising mainly intertidal

water pond/mudflat, mangrove, reedbed and seagrass are located along the low-lying coastal areas in the three sub-areas. Patches of marshy areas are found on the seasonally wet grassland/shrubland mosaic mainly in the eastern part of Kuk Po and a small area of freshwater marsh is also found near the southern fringe in the valley area of Yung Shue Au. In Fung

Hang, a natural stream with estuarine mangrove is found in the western part. An EIS of 1 km in length flows across Kuk Po. Together with the coastal habitats, the wetland complex in Kuk Po supports a high diversity of dragonflies and freshwater fishes. Kuk Po is identified as a hotspot for both freshwater fish and butterfly, and wetland plants of conservation concern are recorded therein. Another EIS of 750m in length flows across Yung Shue Au, which is identified as a hotspot for freshwater fishes with records of a rare goby, and other plant and insect species of conservation concern are also recorded.

3.2.4 Surrounded by woodlands and fronting Starling Inlet, the Area

has typical Fung Shui village layout in the New Territories with village settlements in a “water facing home that backs on to hills” setting with rich landscape resources such as mangroves, ponds and marshlands. In general, the Area is natural and rural in character and has high landscape and scenic value.

3.3 Development Constraints (Figure 10)

Ecological Significance 3.3.1 Surrounded by the Plover Cove Country Park on three sides,



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3.3.2 Woodlands and shrublands mainly cover the inland and uphill parts and include a number of mature woodlands behind the villages, which are generally in good conditions with more diverse tree species. They are ecologically linked with the habitats within the Plover Cove Country Park. There are some plant species of conservation significance including Aquilaria sinensis (土沉香), Artocarpus hypargyreus (白桂木) Mucuna championii (港油麻藤), Ailanthus fordii (常綠臭椿) Popowia pisocarpa (嘉陵花) and Macaranga sampsonii (鼎湖血桐); and butterfly species of conservation concern including Isoteinon lamprospilus lamprospilus ( 旖弄蝶 ), the rare Aeromachus jhora (寬鍔弄蝶) and Cethosia biblis (紅鋸蛺

蝶). The natural woodland and the coastal wetland in Kuk Po provide a good habitat for over 100 species of butterflies.


water pond/mudflat, mangrove, reedbed and seagrass are located along the low-lying coastal areas in the three sub-areas. Patches of marshy areas are found on the seasonally wet grassland/shrubland mosaic mainly in the eastern part of Kuk Po and a small area of freshwater marsh is also found near the southern fringe in the valley area of Yung Shue Au. In Fung Hang, a natural stream with estuarine mangrove is found in the western part. An EIS of 1 km in length flows across Kuk Po. Together with the coastal habitats, the wetland complex supports a high diversity of dragonflies and freshwater fish including Macropodus hongkongensis (香港鬥魚), Oryzias curvinotus (弓背青鱂) and Orthetrum poecilops poecilops (斑灰蜻). Kuk Po is identified as a hotspot for both freshwater fish and butterfly, and wetland plants of conservation concern Ceratopteris thalictroides (水蕨) and Sphenoclea zeylanica (尖瓣花) are recorded therein. Another EIS of 750m in length

flows across Yung Shue Au, which is identified as a hotspot for freshwater fish with records of a rare goby, Stiphodon atropurpureus ( 菲律賓枝牙鰕虎魚 ). Other species of conservation concern including Orthetrum poecilops poecilops (斑灰蜻) are also recorded.

3.3.4 From the nature conservation perspective, developments that

may adversely affect the natural character and the ecologically sensitive areas will not be recommended.

Landscape Character 3.3.5 According to the Landscape Value Mapping of Hong Kong

(2005), the Area is characterized as “Settled Valley Landscape” which is defined largely by its valley topography having a strong sense of enclosure and tranquillity and a system of active or abandoned agricultural fields together with villages. The three sub-areas have typical Fung Shui village layout in the New Territories with village settlements in a “water facing home that backs on to hills” setting with rich landscape resources such as secondary woodland, mangroves, ponds and marshland. In Kuk Po, the extensive reed bed is the signature of the sub-area. In Yung Shue Au, the proportion and distribution of wetland and marshland, village and woodland are well balanced, creating an elegant crescent-like setting.

3.3.6 From the landscape planning perspective, the Area has high landscape value and the landscape character is sensitive and vulnerable. Any development which is not compatible to the existing scale, style, intensity of development and the natural environment would disrupt the harmonic landscape character setting. Any large scale development with associated utilities


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installation and slope formation work is not compatible with the existing landscape context. Furthermore, sufficient landscape buffer should be provided to significant landscape resources in the Area.

Cultural Heritage

3.3.7 Kai Choi School and Hip Tin Temple at Kuk Po, and Yeung

Ancestral Hall and Li Ancestral Hall at Kuk Po Lo Wai are Grade 3 historic buildings worthy of preservation. Also, Kuk Po Site of Archaeological Interest largely falls within the Area.

3.3.8 The Antiquities Advisory Board (AAB) also released a list of

new items in addition to the list of 1,444 historic buildings. These items are subject to grading assessment by the AAB. Details of the list of 1,444 historic buildings and the new items have been uploaded onto the website of the AAB at http://www.aab.gov.hk. As advised by Antiquities and Monuments Office of Leisure and Cultural Services Department, there is no new item in Fung Hang, Kuk Po and Yung Shue Au.

3.3.9 An assessment shall be conducted to evaluate the

archaeological impact imposed by the proposed works if there is any development within the Site of Archeological Interest. If necessary, a professional archaeologist shall be engaged to apply for a licence from the Antiquities Authority under the Antiquities and Monuments Ordinance (Cap. 53) for an archeological field investigation to evaluate whether the proposed works is acceptable from an archeological preservation point of view and propose appropriate mitigation measures.

3.3.10 Prior consultation with the Antiquities and Monuments Office of the Leisure and Cultural Services Department should be made if any development, redevelopment or rezoning proposals might affect the above historic buildings, new items pending grading assessment, or site of archaeological interest and their/its immediate environs.

Burial Grounds 3.3.11 There are two permitted burial grounds in the Area. One is on

the hillslopes along the northwestern edge of Fung Hang, and another one is also on the hillslopes along the northeastern edge of Kuk Po. Whilst the majority of the burial grounds lie outside the Area and within the Plover Cove Country Park, the small portions thereof fall within the Area and are not suitable for any development.

Transportation 3.3.12 The Area is not served by any vehicular access and the nearest

public road, Bride’s Pool Road, is situated near Kai Kuk Shue Ha to the west in Luk Keng. There is a walking trail running along the southern coast of Starling Inlet connecting the Area to Luk Keng. There are also piers/jetties in Fung Hang, Kuk Po and Yung Shue Au where small boats would berth.

Sewerage 3.3.13 There is no public sewerage system in the Area. Any new

development proposal should be required to demonstrate that no adverse sewage impact would be caused to the Area.



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Other Infrastructure and Utility Services 3.3.14 The Area is provided with electricity and telephone services.

Potable water supply has been provided to the existing facilities and village houses in the Area except Yung Shue Au. There is no existing and planned drainage system in the Area.

Geotechnical Constraint

3.3.15 The Area is overlooked by steep natural hillsides and may be

affected by potential natural terrain landslide hazards. For the future development in the Area, the developers may be required to carry out a natural terrain hazard study and provide suitable hazard mitigation measures, if found necessary, as part of the development.

3.4 Development Opportunities

Conservation and Natural Landscape



3.4.2 Woodlands and shrublands mainly cover the inland and uphill

parts and include a number of mature woodlands behind the villages, which are generally in good conditions with more diverse tree species. They are ecologically linked with the habitats within the Plover Cove Country Park. There are some

plant species of conservation significance and butterfly species of conservation concern.


water pond/mudflat, mangrove, reedbed and seagrass are located along the low-lying coastal areas in the three sub-areas. Patches of marshy areas are found on the seasonally wet grassland/shrubland mosaic mainly in the eastern part of Kuk Po and a small area of freshwater marsh is also found near the southern fringe in the valley area of Yung Shue Au. In Fung Hang, a natural stream with estuarine mangrove is found in the western part. An EIS of 1 km in length flows across Kuk Po. Together with the coastal habitats, the wetland complex supports a high diversity of dragonflies and freshwater fish. Kuk Po is identified as a hotspot for both freshwater fish and butterfly, and wetland plants of conservation concern are recorded therein. Another EIS of 750m in length flows across Yung Shue Au, which is identified as a hotspot for freshwater fish with records of a rare goby, and other plant and insect species of conservation concern.

3.4.4 Surrounded by woodlands and fronting Starling Inlet, the Area has typical Fung Shui village layout in the New Territories with village settlements in a “water facing home that backs on to hills” setting with rich landscape resources such as mangroves, ponds and marshlands. In general, the Area is natural and rural in character and has high landscape and scenic value. It is worthy of conservation while the scale of the village development should be compatible with the surrounding landscape and rural setting .


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Tourism and Recreation Potentials (Figure 8) 3.4.5 The Area is popular to visitors and hikers for its seaside walk

providing a panoramic view towards Starling Inlet and the Luk Keng coastal mangroves, and the Fung Hang Family Walk to its west which can be easily accessed from Bride’s Pool Road. Structures in Fung Hang are arranged in a typical Hakka village manner with fung shui woodland behind and a panoramic seaview. Those in Kuk Po are divided into several small hamlets, which is a special type of arrangements in the territory. Coupled with the presence of well preserved Kai Choi School, both places are of interest to the public, having the potentials for eco- and cultural tourism. During weekends and holidays, Fung Hang and Kuk Po are heavily patronized by visitors and hikers, and the locals residing elsewhere come back and operate eateries to serve them.

3.4.6 There are a variety of recreational facilities in the nearby

Plover Cove Country Park and Pat Sin Leng Country Park (to the west of Bride’s Pool Road), such as a network of hiking trails (including Fung Hang Family Walk), 9 picnic sites, 37 barbecue sites and 5 camp sites. The Nam Chung Outdoor Activity Centre is in proximity to the west of the Area.

3.4.7 According to the STK Study, the Linkage Area is of high

ecological and landscape value, and its tranquil rural setting should be preserved as far as possible for both local residents and visitors. Some small-scale conceptual enhancement proposals with minor construction works are proposed to enhance the tourism potential of the Linkage Area without compromising the ecologically-sensitive environment. These include provision of public toilet in Kuk Po and Yung Shue Au and installation of information board in the three sub-areas.

Agricultural Potential 3.4.8 According to AFCD, there is no active agricultural activity

within the Area. Some beekeeping boxes and fruit trees in Fung Hang are observed during the site visit in May 2015. As advised by AFCD, many of the lowland areas in the Area are fallow agricultural lands and possess potential for agricultural rehabilitation. Fallow agricultural land covered by grasses or shrubs are considered suitable for “AGR” zone from the agricultural development point of view in order to retain agricultural land and encourage agricultural rehabilitation.

3.5 Development Pressure

3.5.1 Due to its ecological, landscape and scenic value with access

by walking trail and the existing pier/jetty, there is an urgent need to better protect the natural and landscape character of the Area from uncontrolled development.

3.5.2 Fung Hang, Kuk Po (including Kuk Po Lo Wai, Kuk Po San

Uk Ha, Yi To, Sam To, Sze To and Ng To) and Yung Shue Au are the recognized villages in the Area. According to DLO/N, LandsD, there are no outstanding Small House application in Fung Hang and Yung Shue Au and one outstanding Small House application in Kuk Po. The 10-year Small House demand forecasts provided by the Indigenous Inhabitant Representative (IIR) of Fung Hang, Kuk Po and Yung Shue Au are 418, 800 and 20 respectively.

3.5.3 The Area does not involve in any of active enforcement case

under the Town Planning Ordinance. However, complaints were received on the tree felling and vegetation clearance in Kuk Po Lo Wai in February 2015 (Figure 11).


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3.6 Development Proposals received in the Course of Preparation of

the Plan

3.6.1 As at August 2015, since the gazettal of the draft DPA Plan on 8.3.2013, no planning application in the Area has been received by the Board. In the course of preparing the OZP, some views/proposals were received from concerned parties and they are set out below.

Submission from Kadoorie Farm & Botanical Garden Corporation

3.6.2 Kadoorie Farm & Botanic Garden Corporation (KFBG) made

a submission which contains the ecological information and a land use proposal for the Area on 3.6.2015 and a meeting with the KFBG, Hong Kong Bird Watching Society, Designing Hong Kong Limited, World Wide Fund for Nature Hong Kong and The Conservancy Association was conducted on 16.6.2015 to briefly exchange views on the submission which suggests that:

(a) “CA” or ”Green Belt (1)” (“GB(1)”) zones should cover

the areas of mature woodlands, secondary woodlands, wetland complexes, seasonally wet grassland/shrubland mosaic, the stream courses and their 30m-wide riparian zones; and

(b) “V” zones should neither be located in the wetland

complexes, seasonally wet habitats and riparian zones, nor immediately adjacent to the wetlands.

3.6.4 Sha Tau Kok District Rural Committee (STKDRC), Indigenous Inhabitant Representatives (IIRs) of Kuk Po and Yung Shue Au and other villagers submitted letters which propose that “V” zone should be planned in proportion to the number of male indigenous villagers in each village; and agricultural lots should be designated as “AGR” zone, instead of conservation zonings so as to encourage agricultural rehabilitation.

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PLANNING PROPOSALS

4.1 The Outline Zoning Plan The draft Kuk Po, Fung Hang and Yung Shue Au OZP (the Plan) prepared under section 3(1) of the Ordinance is to provide a statutory basis for planning control over the Area. It will supersede the approved Kuk Po, Fung Hang and Yung Shue Au DPA Plan No. DPA/NE-KP/2, which was exhibited for public inspection under section 9(5) of the Ordinance on 21.3.2014. Uses and development that are always permitted and those for which the Board’s permission must be sought in various zones are set out in a schedule of Notes attached to the Plan. Also accompanying the Plan is an Explanatory Statement to assist an understanding of the Plan and to reflect the planning intentions and objectives of the Board for various land-use zonings.

4.2 Planning Objectives The planning of the Area should gear towards the following objectives:

(a) to provide a comprehensive planning framework to guide the

development on an integrated and co-ordinated basis;


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(b) to conserve high natural landscape and ecological significance of the Area in safeguarding the natural habitat and natural system of the wider area;

(c) to preserve the natural and rural character of the Area.

4.3 Planning Principles

The main planning principles below are adopted for preparation of the planning and development proposals of the Area:

(a) The Area is located in the northwestern coast of the Plover Cove

Country Park fronting Starling Inlet. Surrounded by the Plover Cove Country Park on three sides, the Area comprises a variety of habitats including woodland, shrubland, fallow agricultural land, low-lying wetland habitat (including freshwater/brackish marsh, intertidal water pond/mudflat, mangrove, reedbed, seagrass), stream course, estuarine mangrove and rocky/sandy shore, forming part of the wider natural system of the Plover Cove countryside. These habitats do not only support a large number of flora and fauna species in the Area, but also are ecologically linked with the vegetation in the surrounding Plover Cove Country Park. Surrounded by woodlands and fronting Starling Inlet, the Area has typical Fung Shui village layout in the New Territories with village settlements in a “water facing home that backs on to hills” setting with rich landscape resources such as mangroves, ponds and marshlands. In general, the Area is natural and rural in character with a high landscape and scenic value and is popular to visitors and hikers for its seaside walk. The natural environment and landscape and the rural setting should be preserved and protected.

(b) Small House development in the recognized villages will be concentrated at suitable locations so as to preserve the rural character of the Area. Future development and redevelopment should also demonstrate such a low-rise characteristic and not to overtax the limited infrastructure.

4.4 Land Use Proposals (Figure 12)

4.4.1 In the designation of various land use zones in the Area, consideration has been given to the natural environment, physical landform, existing land use pattern, demand for Small Houses and availability of infrastructure. The following land use zones are proposed to be designated on the Plan.

4.4.2 Village Type Development (“V”) (about 5.88 ha or 6.51%)

(a) The planning intention of this zone is to designate both

the existing recognized village and areas of land considered suitable for village expansion. Land within this zone is primarily intended for development of Small Houses by indigenous villagers. It is also intended to concentrate village type development within this zone for a more orderly development pattern, efficient use of land and provision of infrastructures and services. Selected commercial and community uses serving the needs of the villagers and in support of the village development are always permitted on the ground floor of a New Territories Exempted House. Other commercial, community and recreational uses may be permitted on application to the Board.

(b) Fung Hang, Kuk Po (including Kuk Po Lo Wai, Kuk Po San Uk Ha, Yi To, Sam To, Sze To and Ng To) and Yung


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Shue Au are the recognized villages in the Area. The boundaries of the “V” zones are drawn up having regard to the village ‘environs’ (‘VEs’), the number of outstanding Small House application, Small House demand forecast, local topography and site constraints. Areas of difficult terrain, dense vegetation, stream courses and burial grounds have been avoided as far as possible.

(c) According to DLO/N, LandsD, there are no outstanding

Small House application in Fung Hang and Yung Shue Au and one outstanding Small House application in Kuk Po. The 10-year Small House demand forecasts provided by the IIRs of Fung Hang, Kuk Po and Yung Shue Au are 418, 800 and 20 respectively. According to the TPB Paper No. 9282 on Consideration of the Draft Kuk Po, Fung Hang and Yung Shue Au DPA Plan No. DPA/NE-KP/B in February 2013, the 10-year Small House demand forecasts of Fung Hang, Kuk Po and Yung Shue Au were 182, 500 and 20 respectively. According to the established practice of the Board, if there is a substantial and unjustified increase in the updated 10-year demand forecast figure as compared with the previous corresponding figure in preparing the DPA Plan 7

7 As advised by DLO/N, LandsD, the updated 10-year Small House demand forecasts of Fung Hang and Kuk Po are provided by the respective IIRs without any supporting evidence and his office is not in a position to verify the accuracy of the figures. Besides, the 10-year Small House demand forecast of Yung Shue Au was provided for the period of 2009 – 2018 in response to his office’s enquiry and no further update has been received thereafter.

, the latter would be adopted in the preparation of the OZP. Based on PlanD's preliminary estimate, land required for meeting the Small House demand of 182, 501 and 20 in

Fung Hang, Kok Po and Yung Shue Au are about 4.55 ha, 12.53 ha and 0.5 ha (Table 1) respectively.

(d) With reference to the Small House demand and ‘VEs’ for the recognized villages of Fung Hang, Kuk Po and Yung Shue Au, PlanD has analyzed the site conditions of the areas within ‘VEs’ taking into account the existing village settlements, previously approved Small House applications, environmental conditions, natural terrain and topography.

(e) The whole ‘VE’ of Fung Hang has an area of 6.47 ha and its majority with an area of 5.86 ha falls within in the boundary of the draft OZP (Figure 10). The conditions of the village houses vary from fair to poor with quite a number of them currently abandoned. Apart from the existing village cluster, the land within the ‘VE’ mainly comprises woodland/shrubland including a mature woodland behind the village, freshwater/brackish marsh and a natural stream with estuarine mangrove. Fallow agricultural lands mainly covered with grasses and shrubs can be found in front of and adjoining the existing village cluster in the eastern part of the ‘VE’ as well as along the natural stream separated from the existing village cluster in the western part of the ‘VE’.

Fung Hang

(f) The seven ‘VEs’ of Kuk Po for the six recognized villages therein have an area of 14.32 ha and most of the area of 13.49 ha fall within in the boundary of the draft OZP. Some of the existing village clusters i.e. Kuk Po Lo Wai (the southernmost one), Kuk Po San Uk Ha, Sam To

Kuk Po


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and Ng To are adjacent to the Country Park (Figure 10). Quite a number of village settlements are currently abandoned or in ruins. Sam To has been deserted an is surrounded by dense vegetation and hence is currently inaccessible. Ng To is further away from the coast slopping uphill in the inland. Apart from the existing village clusters, the land within the ‘VEs’ mainly comprises woodland/shrubland, freshwater/brackish marsh, patches of marshy areas on seasonally wet grassland/shrubland mosaic and fallow agricultural lands mainly covered with grasses and shrubs.

(g) The whole ‘VE’ of Yung Shue Au has an area of 6.72 ha and falls within the boundary of the draft OZP. The existing village cluster occupies a long strip of flat land in the western part of the ‘VE’ (Figure 10). Most of the village houses are in poor condition and are basically uninhabited, and there are some abandoned barracks. Apart from the existing village cluster, the land within the ‘VE’ mainly comprises woodland including a mature woodland behind the village, freshwater/brackish marsh and fallow agricultural land mainly covered with grasses and shrubs.

Yung Shue Au

(h) Throughout the plan-making process, concerned

departments have been closely liaised to ensure that their inputs and comments are duly taken into account in the delineation of the ‘V’ zones for the existing village clusters and potential areas for village expansion.

(i) Given the natural environment, its ecological and landscape value coupled with its limited accessibility due

to lack of vehicular access and potential natural terrain landslide hazards, an incremental approach for designation of “V” zones for Small House development has been adopted with an aim to confining Small House development at suitable locations so as to avoid undesirable disturbances to the natural environment and overtaxing the limited infrastructure in the Area. Discounting the surrounding environmentally sensitive areas, including woodland, shrubland, low-lying wetland habitat, seasonally wet grassland/shrubland mosaic stream course, estuarine mangrove, which should be protected, a total of about 5.88 ha of land is covered by “V” zones including about 0.73 ha in Fung Hang, 3.63 ha in Kuk Po and 1.52 ha in Yung Shue Au. The areas reserved for Small House development mainly cover the existing village clusters and their adjoining fallow agricultural land currently covered with grasses and shrubs. Within the proposed “V” zones, a total of about 2.58 ha of land (including about 0.42 ha, 1.76 ha and 0.40 ha in Fung Hang, Kuk Po and Yung Shue Au respectively) is available, equivalent to about 101 Small House sites (including about 16, 70 and 16 Small House sites in Fung Hang, Kuk Po and Yung Shue Au respectively), meeting about 14.68% of the total Small House demand for 703 Small Houses (about 9.23%, 14.05% and 80% in Fung Hang, Kuk Po and Yung Shue Au respectively) (Table 1).

(j) No new development, or addition, alteration and/or modification to or redevelopment of an existing building shall result in a total development and/or redevelopment in excess of a maximum building height of 3 storeys (8.23m) or the height of the building which was in


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existence on the date of the first publication in the Gazette of the notice of the draft DPA plan, whichever is the greater. Application for minor relaxation of these restrictions would be considered by the Board based on individual merits, taking into account site constraints, innovative architectural design and planning merits that would enhance the amenity of the locality.

(k) As diversion of streams or filling of pond may cause

adverse drainage impacts on the adjacent areas and adverse impacts on the natural environment, permission from the Board is required for such activities except public works co-ordinated or implemented by Government, and maintenance, repair or rebuilding works.

(l) In accordance with the Environment, Transport and

Works Bureau’s Technical Circular (Works) No. 5/2005 “Protection of Natural Streams/Rivers from Adverse Impacts Arising from Construction Works”, under the current administrative practice, development proposals/submissions that may affect natural streams/rivers, the approving/processing authorities at various stages of the development should consult and collate comments from the Agriculture, Fisheries and Conservation Department (AFCD) and relevant authorities and incorporate relevant comments/advice as conditions of approval wherever possible. Accordingly, LandsD, when processing Small House grant and applications in close proximity to existing stream courses, should consult concerned departments including AFCD, Environmental Protection Department (EPD) and PlanD to ensure that all relevant departments would have adequate opportunity to review and comment on the

applications. (m) The “V” zone in the Area is overlooked by steep natural

hillsides and may be affected by potential natural terrain landslide hazards. For the future development in the Area, the developers may be required to carry out a natural terrain hazard study and provide suitable hazard mitigation measures, if found necessary, as part of the development.

(n) There is no public sewer for the Area. For Small House

development, the design and construction of the septic tank and soakaway systems need to comply with relevant standards and regulations, such as EPD’s Practice Note for Professional Persons (ProPECC PN) 5/93 – “Drainage Plans subject to Comment by the Environmental Protection Department”, for the protection of the water quality of the Area.

(o) Yeung Ancestral Hall and Li Ancestral Hall at Kuk Po Lo Wai are Grade 3 historic buildings worthy of preservation. Part of the area under this zoning falls within the Kuk Po Site of Archaeological Interest. Prior consultation with the Antiquities and Monuments Office of the Leisure and Cultural Services Department should be made if any development, redevelopment or rezoning proposals might affect the above historic buildings or site of archaeological interest and their/its immediate environs.


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4.4.3 Government, Institution or Community (“G/IC”) (0.06 ha or 0.07 %) (a) The planning intention of this zone is primarily for the

provision of GIC facilities serving the needs of the local residents and/or a wider district, region or the territory. It is also intended to provide land for uses directly related to or in support of the work of the Government, organizations providing social services to meet community needs, and other institutional establishments.

(b) The major GIC facilities under this zone are Kai Choi School and Hip Tin Temple in Kuk Po, which were constructed in 1931. The building is a Grade 3 historic building worthy of preservation. The school was closed in 1993 whilst the temple is still in use.

(c) To preserve the rural and low-rise character of the Area as

well as provide spatial and visual relief, development/redevelopment within this zone should be restricted to a maximum building height as stipulated on the Plan (i.e. two storeys) or the height of the building which was in existence on the date of the first publication in the Gazette of the notice of the draft DPA plan, whichever is greater.

(d) To provide flexibility for innovative design adapted to the

characteristics of particular sites, minor relaxation of the building height restriction may be considered by the Board through the planning permission system. Each application will be considered on its individual planning merits.

4.4.4 Agriculture (“AGR”) (3.94 ha or 4.36%) (a) The planning intention of this zone is primarily to retain

and safeguard good quality agricultural land/farm/fish ponds for agricultural purposes. It is also intended to retain fallow arable land with good potential for rehabilitation for cultivation and other agricultural purposes.

(b) This zone covers fallow agricultural lands which possess

potential for agricultural rehabilitation and are not covered with dense vegetation adjoining to the existing village clusters at more accessible locations. These include some fallow agricultural land mainly covered with grasses and shrubs in front of the existing village cluster in Fung Hang, and those admist the existing village clusters in Kuk Po Lo Wai. This is not only to retain fallow arable land for agricultural purposes and encourage agricultural rehabilitation, but also to preserve the rural setting in the Area.

(c) As diversion of streams or filling of land/pond may cause

adverse impacts on the natural environment and the ecological value of the adjacent area, permission from the Board is required for such activities. However, filling of land specifically required under prior written instructions of Government department(s), or for the purposes of genuine agricultural practice including laying of soil not exceeding 1.2m in thickness for cultivation, and construction of agricultural structure with prior written approval from the Lands Department is exempted from the control.


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4.4.5 Green Belt (“GB”) (57.38 ha or 63.57 %)

(a) The planning intention of this zone is primarily for defining the limits of urban and sub-urban development areas by natural features and to contain urban sprawl as well as to provide passive recreational outlets. There is a general presumption against development within this zone.

(b) The “GB” zone comprising mainly woodlands, shrublands, streams and rocky/sandy shores can provide a buffer between the village type developments and the Plover Cove Country Park and conserve the natural and rural character of the Area.

(c) The “GB” zone also comprises the small portions of the permitted burial grounds along the northwestern edge of Fung Hang and the northeastern edge of Kuk Po. They have been in existence for many years, and are considered as existing use intended for the burial of deceased indigenous villagers in the Area. To respect the local ritual and tradition, burial activities within this zone are generally tolerated.

(d) There is a general presumption against development within this zone. Development in this zone will be strictly controlled. Development proposals will be considered by the Board on individual merits taking into account the relevant Town Planning Board Guidelines.

(e) As diversion of streams, filling of land/pond or

excavation of land may cause adverse drainage impacts on the adjacent areas and adverse impacts on the natural

environment, permission from the Board is required for such activities except public works co-ordinated or implemented by Government, and maintenance, repair or rebuilding works.

4.4.6 Conservation Area (“CA”): (23.01 ha or 25.49%)

(a) This zoning is intended to protect and retain the existing natural landscape, ecological or topographical features of the area for conservation, educational and research purposes and to separate sensitive natural environment such as Country Park from the adverse effects of development. There is a general presumption against development in this zone. In general, only developments that are needed to support the conservation of the existing natural landscape or scenic quality of the area or are essential infrastructure projects with overriding public interest may be permitted.

(b) The “CA” zone covers the mature woodlands behind the

villages, which are generally in good conditions with more diverse tree species. They are ecologically linked with the habitats within the Plover Cove Country Park. There are some plant species of conservation significance including Aquilaria sinensis ( 土沉香 ), Artocarpus hypargyreus (白桂木) Mucuna championii (港油麻藤), Ailanthus fordii (常綠臭椿) and Popowia pisocarpa (嘉陵花 ) and Macaranga sampsonii ( 鼎湖血桐 ); and butterfly species of conservation concern including Isoteinon lamprospilus lamprospilus (旖弄蝶), the rare Aeromachus jhora (寬鍔弄蝶) and Cethosia biblis (紅鋸

蛺蝶). The natural woodland and the coastal wetland in


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Kuk Po provide a good habitat for over 100 species of butterflies.

(c) It also covers the freshwater/brackish marshes comprising

mainly intertidal water pond/mudflat, mangrove, reedbed and seagrass along the low-lying coastal areas in the three sub-areas, as well as lower sections of the EISs in Kuk Po and Yung Shue Au. Together with the coastal habitats, the wetland complex in Kuk Po supports a high diversity of dragonflies and freshwater fishes including Macropodus hongkongensis ( 香港鬥魚 ), Oryzias curvinotus ( 弓背青鱂 ) and Orthetrum poecilops poecilops (斑灰蜻). Kuk Po is identified as a hotspot for both freshwater fish and butterfly, and wetland plants of conservation concern Ceratopteris thalictroides (水蕨 ) and Sphenoclea zeylanica (尖瓣花) are recorded therein. Yung Shue Au is identified as a hotspot for freshwater fishes with records of a rare goby, Stiphodon atropurpureus (菲律賓枝牙鰕虎 ). Other species of conservation concern including Orthetrum poecilops poecilops (斑灰蜻) are also recorded.

(d) The estuarine mangrove in the western section of the

coastal front along Fung Hang is also zoned “CA”. (f) New residential development is not permitted under this

zone. Redevelopment of existing houses may be permitted on application to the Board. The redevelopment of existing houses shall not result in a total redevelopment in excess of the plot ratio, site coverage and height of the house which was in existence on the date of the first publication in the Gazette of the notice of the draft DPA

Plan.

(g) Diversion of streams, filling of land/pond or excavation of land may cause adverse drainage impacts on adjacent areas and adverse impacts on the natural environment. In view of the conservation value of the area within this zone, permission from the Board is required for such activities.

5.

IMPLEMENTATION

Infrastructural Provisions

5.1 The Area is provided with electricity and telephone services. Potable water supply has been provided to the existing facilities and village houses in the Area except Yung Shue Au. There are no existing and planned drainage system and no public sewerage system in the Area. Statutory Development Control

5.2 The Plan provides a broad land-use framework for development control and implementation of planning proposals for the Area. More detailed plans will be prepared as a basis for public works planning and private developments.

5.3 At present, there is no overall programme for the provision of infrastructure within the Area. The implementation process will be gradual and may stretch over a long period of time depending on the availability of resources. It will be undertaken through the participation of both public and private sectors.

5.4 Notwithstanding the above, minor improvement works, e.g. access

improvement and laying of utility services will be implemented through the Public Works Programme and the Rural Public Works as


22

and when resources are available. Private developments will be effected principally through private sector initiatives to develop or redevelop their properties in accordance with the zoned uses indicated on the Plan, provided that their proposals meet Government requirements.

5.5 The types of permitted developments and uses on land within the

Area are listed in the Notes of the Plan. Unless otherwise specified, all building, engineering and other operations incidental to and all uses directly related and ancillary to the permitted developments and uses within the same zone are always permitted. Any development, other than those referred to in this paragraph above or in conformity with this Plan or with the permission of the Board, undertaken or continued on land included in this Plan on or after the date of the first publication in the Gazette of the Notice of the draft DPA Plan may be subject to enforcement proceedings under the Ordinance. Any diversion of streams, filling of land/pond and excavation of land in the relevant zones on or after the date of the first publication in the Gazette of the Notice of the draft DPA Plan without permission from the Board may also be subject to enforcement proceedings. Moreover, there is a presumption against filling of ponds for temporary land uses/developments in conservation-related zonings, such as “CA”. PLANNING DEPARTMENT AUGUST 2015


23

Table 1 Small House Demand for the Kuk Po, Fung Hang and Yung Shue Au Area in 2013 and 2015

Village

Small House Small House "VE" Area ('VE'

Area in Draft OZP) (ha)

''V" Zone on

Draft OZP (ha)

Required Land to

Meet New Demand (ha)

Available Land to

Meet New Demand

(ha)

Available Small House to Meet New

Demand

Percentage of the New

Demand Meet by Available

Land (%)

Demand Figure in 2013 Demand Figure in 2015

Outstanding Demand

10-year Forecast

Outstanding Demand (3)

10-year Forecast (3)

Fung Hang 0 182 (2011-2020) 0 418 6.47 0.73 4.55 0.42 16 9.23%

(2014-2023) (5.86)

Kuk Po 0 (1) 500 (2012-2021) 1 800 14.32 3.63 12.53 1.76 70 14.05%

(2014-2023) (13.49)

Yung Shue Au 0 (2)

20 (2009 - 2018)

0 (4)

20 6.72 1.52 0.50 0.40 16 80%

(2009-2018)

(4) (6.72)

Total 0 702 1 1238 27.51 5.88 17.58 2.58 102 14.68%

(26.07) Note: (1) Kuk Po Lo Wai, Kuk Po San Uk Ha, Yi To, Sam To, Sze To & Ng To are collectively known as Kuk Po. (2) According to DLO/N, LandsD's record, the English Name of the recognized village at Yung Shue Au is read as "Yun Shue Au". (3) The 10-year Small House Demand Forecast was provided by the relevant Indigenous Inhabitant Representative (IIR) without any supporting evidence and DLO/N, LandsD is not in a position to verify the accuracy of the figures. (4) The 10-year Small House Demand Forecast was provided for the period of 2009 - 2018 in response to DLO/N, LandsD's enquiry. No further update has been received thereafter. According to the established practice of the Board, if there is a substantial and unjustified increase in the updated 10-year demand forecast figure as compared with the previous corresponding figure in preparing the DPA Plan, the latter would be adopted in the preparation of the OZP.

Ecological and Conservation Importance of Kuk Po, Yung Shue Au and Fung Hang,

Northeast New Territories

Kuk Po – Ecological Information

The Kadoorie Farm and Botanic Garden (KFBG) conducted a rapid ecological study in

several enclaves (including Kuk Po) in the Plover Cove Country Park (PCCP) in 2003, and

the results were documented in a technical report (KFBG’s FCA Study) in 2004, which can

be downloaded from our website1. To verify the situation of Kuk Po, we carried out three

rapid surveys again at this site in November 2012 and July 2014. In addition, the TPB

Paper No. 9282 also documents some ecological information regarding this enclave, and the

“Study on the Enhancement of the Sha Tau Kok Rural Township and Surrounding Areas –

Feasibility Study” (the STK Link Study), which was published in 2013 by the PlanD, also

documents the habitat maps for several enclaves in the PCCP. All these data are now

presented below.

Flora

According to our report1, 218 plant species were identified at Kuk Po including nine species

of conservation interest, as listed below.

Table 1. Plant species of conservation concern recorded in KFBG’s 2003 survey

Species name and Chinese name Habitat and location

Acacia pennata羽葉金合歡 Fung Shui Woodland at Ng To

Ailanthus fordii常綠臭椿 Fung Shui Woodland at Lo Wai

Aquilaria sinensis土沉香 Village area and Fung Shui Woodlands at Sam To, Ng To, San Uk Ha and Lo Wai

Artocarpus tonkinensis胭脂樹 Fung Shui Woodlands at Sam To, Ng To and Lo Wai

Crateva trifoliata鈍葉魚木 Streamside

Entada phaseoloides榼藤 Fung Shui Woodland at Ng To

Mucuna championii港油麻藤 Village area, secondary woodland and Fung Shui Woodland at Sam To

Popowia pisocarpa嘉陵花 Fung Shui Woodland at Lo Wai

Ilex chapaensis沙壩冬青 Fung Shui Woodlands at San Uk Ha and Lo Wai

The TPB Paper No. 9282 states that the area is well wooded and Fung Shui Woodlands can

be found; plant species of conservation concern identified included Aquilaria sinensis土沉香,

Artocarpus hypargyreus白桂木, Mucuna championii港油麻藤, Ailanthus fordii常綠臭椿 and

Popowia pisocarpa嘉陵花. In addition, this paper also documents the presence of Water

Fern Ceratopteris thalictroides (水蕨) in the enclave. We also recorded this species in our

survey in 2014. The Water Fern is a wetland species inhabiting freshwater marshes and is

considered to be Vulnerable in China and a Wild Plant under State Protection (Category II)2.

The TPB Paper No. 9282 also documents the presence of another wetland plant species of

concern, Sphenoclea zeylanica (尖瓣花), in this enclave.

1http://www.kfbg.org/upload/Documents/Free-Resources-Download/Report-and-Document/FCA-report-final.pdf 2 Hu, Q.-m., Wu, T.-l., Xia, N.-h., Xing, F.-w., Lai, P.C.C. and Yip, K.-l. 2003. Rare and Precious Plants of Hong Kong. AFCD, Friends of the Country Parks and

Cosmos Books Limited, Hong Kong.

Appendix V

Both Aquilaria sinensis (土沉香) and Artocarpus hypargyreus (白桂木) are considered to be

Globally Vulnerable3, 4

; the former is also suffering from widespread and intensive illegal

harvesting in Hong Kong5.

Bird

According to the KFBG’s FCA Study1, a total of 43 bird species were recorded and 13 were

wetland- dependant species.

Herpetofauna (Amphibian and Reptile)

During our surveys in 2012 and 2014, we recorded the Chinese Bull Frog Hoplobatrachus

chinensis (虎皮蛙) from the wetland complex. This species is considered to be of Potential

Regional Concern6 and is also a Class II Protected Species in Mainland China

7. We also

observed a juvenile Banded Stream Snake Opisthotropis balteata (橫紋後稜蛇) in this marsh.

According to Karsen et al. (1998)8, this is a rare species in Hong Kong and adults of this

species live in unpolluted streams. The occurrence of this juvenile would mean that this

species is breeding in this enclave.

Odonate (Dragonfly and Damselfly)

The TPB paper no. 9282 states that Mangrove Skimmer Orthetrum poecilops (斑灰蜻) could

be found in the wetland complex in Kuk Po. This species is considered to be Globally

Vulnerable9. During our surveys in 2014, this species was also recorded in the brackish

marsh and mangrove area of the enclave. Furthermore, we also recorded another odonate of

conservation concern – Four-spot Midget Mortonagrion hirosei (廣瀨妹蟌) in this area.

This species is considered to be Globally Near Threatened10

and this is the first record of

this species in Kuk Po.

Aquatic Fauna

The authors of our 2004 report suspected that the Hong Kong Paradise Fish Macropodus

hongkongensis (香港鬥魚), which is considered to be a key freshwater fish species of

conservation importance by the AFCD11

, also inhabited this enclave. During our surveys in

2014, we confirmed that this species inhabits the stream in the enclave. It is likely that it

would also utilise the nearby marshes as mentioned in the TPB Paper No. 9282.

Furthermore, in the freshwater marsh there is also another species which we consider to be of

higher conservation concern; it is called the Paradise Fish Macropodus opercularis (叉尾鬥

3 http://www.iucnredlist.org/details/32382/0 4 http://www.iucnredlist.org/details/32383/0 5 http://www.info.gov.hk/gia/general/201502/04/P201502040388.htm 6 Fellowes J.R., Lau M.W.N., Dudgeon D., Reels G.T., Ades, G.W.J., Carey, G.J., Chan B.P.L., Kendrick, R.C., Lee K.S., Leven M.R., Wilson K.D.P. and Yu Y.T.

2002. Wild animals to watch: terrestrial and freshwater fauna of conservation concern in Hong Kong. Memoirs of the Hong Kong Natural History Society 25,

123-159. 7 AFCD. 2009. The Proposed Action Plan for the Conservation of Amphibians in Hong Kong. NCSC paper 4/09.

<http://www.epd.gov.hk/epd/english/boards/advisory_council/files/ncsc_paper04_ 2009.pdf>

8 Karsen, S. J., Lau W. N. and Bogadek. A. 1998. Hong Kong Amphibians and Reptiles. Urban Council, Hong Kong.

9 http://www.iucnredlist.org/details/60302/0 10 http://www.iucnredlist.org/details/13891/0 11 https://www.afcd.gov.hk/english/conservation/hkbiodiversity/speciesgroup/speciesgroup_freshwaterfish.html#key

魚). This species was found in the freshwater marsh in our surveys in 2014. In the recent

Red-listing exercise for the local Biological Strategy and Action Plan which was organised

by the authority (e.g., AFCD) and involved academics, professionals and specialists from

Environmental NGOs, the Paradise Fish Macropodus opercularis (叉尾鬥魚) has been

assessed to be Endangered in Hong Kong as it is believed that its local population has

declined by more than 50% due to habitat degradation. Kuk Po is one of the few sites

where both these Macropodus species can be found in Hong Kong.

According to the TPB Paper No. 9282, another fish species of conservation concern, the Rice

Fish Oryzias curvinotus (弓背青鱂), would also inhabit the streams and the wetland complex

in this area.

During our surveys in 2014, we also recorded a freshwater crab species, Somanniathelphusa

zanklon (鐮刀束腰蟹), in the freshwater marsh. This species is considered to be endemic to

Hong Kong and is Globally Endangered12

.

Habitat Type

The habitat map provided in the STK Link Study is shown in Figure 1. Species of

conservation concern recorded in these habitats are also marked in the same figure. We

verified the habitat status in our surveys and found that the site is still largely intact although

we noted that some tree felling activities have been carried out recently (in 2015). We also

observed that some of the lowland shrubland around the village houses at Kuk Po Lo Wai, as

marked in the habitat map, should be recognised as seasonally wet grassland/ shrubland

mosaic (Figure 1), and there is a Fung Shui Woodland at Ng To (also shown in the TPB

Paper No. 9282).

In general, the central part of this site is occupied by a wetland complex (mudflat, mangroves,

reedbeds, brackish-water marsh, freshwater marsh) which is maintained by the hydrological

flows from the surrounding network of watercourses (Figure 2). Some watercourses drain

directly into the wetland complex while other streams flow through the seasonally wet

grassland or the seasonally wet grassland/ shrubland mosaic before (i.e., in the Kuk Po Lo

Wai area) eventually draining into the wetland complex (Figures 3 and 4). There is also an

Ecologically Important Stream (EIS) that passes through the site13

(Figure 2). These

watercourses (including the EIS), the wetland complex and the seasonally wet habitats are

ecologically and hydrologically linked (Figures 2, 3 and 4). Any pollutant entering the

watercourses (the upper sections) or the seasonally wet habitats will eventually affect the

wetland complex which supports many species of conservation importance as shown in

Figure 1.

12 http://www.iucnredlist.org/details/134062/0 13 https://www.afcd.gov.hk/english/conservation/con_wet/streams_rivers_hk/Con_NSR/Kuk%20Po.pdf

Figure 1. Habitat map of Kuk Po; species records (by red arrows and text boxes) and habitats of conservation importance (by thick

arrows of various colours; streams/ watercourses are marked separately in Figure 2) are indicated; all photographs were taken at Kuk Po

Mangrove Skimmer斑灰蜻

Water Fern水蕨

Hong Kong Paradise Fish

香港鬥魚

Four-spot Midget

廣瀨妹蟌 Somanniathelphusa zanklon

鐮刀束腰蟹 Banded Stream Snake橫紋後稜蛇 Paradise Fish叉尾鬥魚

Rice Fish弓背青鱂


Four-spot Midget廣瀨妹蟌

Banded Stream Snake橫紋後稜蛇

Somanniathelphusa zanklon 鐮刀束腰蟹

Paradise Fish叉尾鬥魚

Chinese Bull Frog虎皮蛙

Water Fern水蕨

Hong Kong Paradise Fish香港鬥魚

Aquilaria sinensis土沉香

Artocarpus tonkinensis胭脂樹

Mucuna championii港油麻藤


Ilex chapaensis沙壩冬青 Ailanthus fordii常綠臭椿 Aquilaria sinensis土沉香

Artocarpus tonkinensis胭脂樹 Popowia pisocarpa嘉陵花

Ilex chapaensis沙壩冬青

Acacia pennata羽葉金合歡


Artocarpus tonkinensis胭脂樹

Entada phaseoloides榼藤

Seasonally Wet Grassland/ Shrubland Mosaic

Figure 2. The stream system at Kuk Po (dashed lines indicate the direction of water flow).

Enclave Boundary

Figure 3. The wetland complex at Kuk Po (dashed lines indicate the freshwater seepage direction through the culverts under the

footpath)

Figure 4. The hydrological linkage between the seasonally wet habitats and the wetland complex (dashed lines indicate the freshwater

seepage direction through the culverts under the footpath)

Mangrove Reedbed

Brackish Marsh Freshwater Marsh

Seasonally Wet Grassland/ Shrubland Mosaic

Seasonally Wet Grassland/ Shrubland

Figure 4. Con’t

Seasonally Wet Grassland Wetland Complex

Seasonally Wet Grassland

Mangrove

Freshwater Marsh

Brackish Marsh

Reedbed

Wetland Complex

Yung Shue Au – Ecological Information

Ecological data gathered from the KFBG’s FCA Study, the STK Link Study, the TPB Paper

No. 9282 and other documented sources regarding this enclave are presented below.

Flora

According to the KFBG’s FCA report 1, a total of 152 plant species were identified at Yung

Shue Au including four species of conservation interest: Aquilaria sinensis (土沉香),

Cibotium barometz (金毛狗), Diospyros vaccinioides (小果柿) and Rhododendron simsii (紅杜

鵑); the former two species were found in the woodlands and the latter two species were

recorded from the hillside shrublands. Aquilaria sinensis (土沉香 ) and Diospyros

vaccinioides (小果柿) are considered to be Globally Vulnerable3 and Critically Endangered

14,

respectively. Both species are also suffering from widespread and intensive illegal

harvesting in Hong Kong5. The TPB Paper No. 9282 also mentions that there is one more

plant species of conservation concern called Macaranga sampsonii (鼎湖血桐).

Odonate (Dragonfly and Damselfly)

Two odonate species of conservation importance have been recorded at Yung Shue Au:

Four-spot Midget (廣瀨妹蟌)15

and Mangrove Skimmer (斑灰蜻) (according to the TPB Paper

No. 9282). These species inhabit the wetland complex.

Butterfly

According to the TPB paper no. 9282, a rare butterfly, Aeromachus jhora (寬鍔弄蝶), has also

been found in this enclave. The host plant of this species is a wetland-associated plant and

this indicates that the freshwater marsh in the area supports a population of this species.

Aquatic Fauna

There is a stream which is largely natural running down from the hillside to the wetland

complex. This stream is considered to be ecologically important by the AFCD (EIS)16

and

a diadromous fish species of regional conservation importance17

, Stiphodon atropurpureus

Purple Neon Goby (紫身枝牙鰕虎), has been found according to the TPB Paper. We also

spotted this species during our site visit conducted in 2012. The presence of this species

indicates that the stream is connected with the sea. Based on the Red-listing exercise above

mentioned, this species is considered to be Vulnerable in Hong Kong.

Habitat Type

As with Kuk Po, there is a wetland complex (consisting of mangroves, reedbeds and

freshwater marsh) and, also, an EIS in Yung Shue Au. The TPB Paper No. 9282 also states

that there is a wide spread of mature woodland. The habitat map of this site is shown in

Figure 5, and the stream system is shown in Figure 6.

14 http://www.iucnredlist.org/details/34784/0 15 Stanton, D.J. and Allcock, J.A. 2011. Habitat characteristics and odonate communities at selected sites used by Mortonagrion hirosei Asahina (Zygoptera:

Coenagrionidae) in Hong Kong. Journal of Threatened Taxa 3 (12), 2242-2252. 16 https://www.afcd.gov.hk/tc_chi/conservation/con_wet/streams_rivers_hk/Con_NSR/Yung%20Shue%20Au.pdf 17 Nip, T.H.M. 2010. First records of several sicydiine gobies (Gobiidae: Sicydiinae) from mainland China. Journal of Threatened Taxa 2 (11), 1237-1244.

Figure 5. Habitat map of Yung Shue Au

Purple Neon Goby

紫身枝牙鰕虎


Four-spot Midget廣瀨妹蟌

Wetland

Complex

Figure 6. The stream system at Yung Shue Au (dashed lines indicate the direction of water flow)

Enclave Boundary

Fung Hang – Ecological Information

The KFBG’s FCA Study in 2003 did not survey this enclave. However, the STK Link

Study and the TPB Paper documents some of the ecological information, and during our

recent surveys we also recorded some species/ habitats of conservation interest.

There are two wetland complexes in this enclave and they are shown in Figure 7. In the

wetland complex in front of the village, the Mangrove Skimmer (斑灰蜻) was recorded.

According to the TPB Paper No. 9282, there is a large Fung Shui Woodland behind the

village with some plant species of conservation significance including Aquilaria sinensis (土

沉香 ). There are also butterfly species of conservation concern including Isoteinon

lamprospilus lamprospilus (旖弄蝶) in the area.

As with the settings of Kuk Po and Yung Shue Au, the wetland complexes in this enclave

receive freshwater flows from the surroundings. The hydrological linkage of the wetland

complex in front of the village is shown in Figure 8. Although the watercourse in front of

the village is modified, it is still hydrologically linked with the wetland complex (Figure 9).

The stream network in this enclave as well as the natural stream and the wetland complex in

the western part of this enclave are shown in Figures 10, 11 and 12, respectively; some

wetland fauna were also recorded in this wetland complex (Figure 12).

Figure 7. Habitat map of Fung Hang

Figure 8. The wetland complex and Fung Shui Woodland at Fung Hang (dashed line indicates the freshwater seepage direction through

the culverts under the footpath)

Figure 9. The modified watercourse and the wetland complex in front of Fung Hang village

Mangrove Reedbed Brackish Marsh

Fung Shui Woodland

Freshwater Marsh

The modified watercourse

Mangrove in the

Wetland Complex

Figure 10. The stream system at Fung Hang

Figure 11. The natural stream in the western part of this enclave

Figure 12. The freshwater marsh and mangrove (the wetland complex) in the western part of this enclave

Tadpole of Brown Tree Frog

Dragonflies

Recommendations

There are Fung Shui Woodlands in these enclaves and they usually contain plant species of

conservation interest. In addition, wetland complexes are found in these enclaves, and

these wetland habitats support many species of conservation importance. For instance, the

TPB Paper No. 9282 states that the wetland complex at Kuk Po is ecologically important.

These complexes receive freshwater from the surrounding landscapes and are also influenced

by the rising and falling tides in Starling Inlet. However, the water in these wetland

complexes is, in general, lentic as there are water gates controlling the water flow.

Therefore, any pollutants/ garbage entering these wetland complexes would not be easily

carried away by the tide and will be accumulated within the confines of the seawalls.

As repeatedly mentioned in the hearings for CP Enclaves, Septic Tank and Soak-away

Systems (STS) would not function appropriately in areas with high groundwater table,

waterlogged conditions, periodic flooding or alluvial basins. The village areas in Kuk Po,

Fung Hang and Yung Shue Au are all located immediately adjacent to wetlands. Some of

the village houses at Kuk Po Lo Wai are even completely surrounded by the seasonally wet

grasslands. As indicated in the figures above, the wet areas are interconnected with each

other hydrologically, and thus any pollutants (e.g., pollutants from STSs) entering the

upstream portions of the hydrological system (e.g., the watercourses/ seasonally wet habitats)

would definitely affect the downstream areas (e.g., the wetland complexes). In the

presentation for the Hoi Ha enclave, scientists from The University of Hong Kong have

demonstrated how man-made pollutants (i.e., chemicals from contraceptive pill) enter the

ecosystem and affect the aquatic organisms (i.e., by causing sex change). Other pollutants

frequently associated with human sewage (e.g., nitrate, phosphate) and usually appearing

during construction works (e.g., water polluted by cement-mix, water with high suspended

solids level) would also significantly threaten the wetland systems.

Based on the above, our recommendations are as follows:

1. The Fung Shui Woodlands and the secondary woodlands should be zoned CA/ GB(1).

2. The wetland complexes (including the mudflats, mangroves, reedbeds, marshes

(freshwater and brackish), seasonally wet grasslands and seasonally wet grassland/

shrubland mosaic should be zoned CA.

3. The watercourses (including the EISs) and their riparian areas (a minimum of 30 m from

the streamsides) should be zoned CA.

4. V zones should not be located in wet areas (the wetland complexes and the seasonally wet

habitats), riparian zones and areas immediately adjacent to wetlands.

3rd June, 2015

Ecological Advisory Programme

Kadoorie Farm and Botanic Garden

Appendix VII

Planning Assessment on the Development Proposals

received in the Course of Preparation of the Plan

Development Proposals

1. Since the gazettal of the draft DPA Plan on 8.3.2013, no planning application in the Area has been received. In the course of preparing the OZP, some views/proposals were received from concerned parties and they are set out below. KFBG made a submission which contains the ecological information and a land use proposal for the Area on 3.6.2015 (Appendix V) and a meeting with the KFBG, Hong Kong Bird Watching Society, Designing Hong Kong Limited, World Wide Fund for Nature Hong Kong and The Conservancy Association was conducted on 16.6.2015 to briefly exchange views on the submission which suggests that:

(a) “CA” or ”Green Belt (1)” (“GB(1)”) zones should cover the areas of

mature woodlands, secondary woodlands, wetland complexes, seasonally wet grassland/shrubland mosaic, the stream courses and their 30m-wide riparian zones; and

(b) “V” zones should neither be located in the wetland complexes,

seasonally wet habitats and riparian zones, nor immediately adjacent to the wetlands.

2. STKDRC and Indigenous Inhabitant Representatives (IIRs) of Kuk Po and

Yung Shue Au and other villagers submitted letters (Appendix VI) which propose that “V” zone should be planned in proportion to the number of male indigenous villagers in each village; and agricultural lots should be designated as “AGR” zone, instead of conservation zonings so as to encourage agricultural rehabilitation.

Planning Assessment

Conservation of Natural Environment 1. Surrounded by the Plover Cove Country Park (PCCP) on three sides, and

comprising mainly woodland, shrubland, fallow agricultural land, low-lying wetland habitat (including freshwater/brackish marsh, intertidal water pond/mudflat, mangrove, reedbed, seagrass), stream course, estuarine mangrove and rocky/sandy shore, the Area forms part of the wider natural system of the Plover Cove countryside.

2. Woodlands and shrublands mainly cover the inland and uphill parts and

include a number of mature woodlands behind the villages, which are generally in good conditions with more diverse tree species. They are ecologically linked with the habitats within the PCCP. There are some plant

2

species of conservation significance including Aquilaria sinensis (土沉香), Artocarpus hypargyreus (白桂木) Mucuna championii (港油麻藤), Ailanthus fordii (常綠臭椿) Popowia pisocarpa (嘉陵花) and Macaranga sampsonii (鼎湖血桐); and butterfly species of conservation concern including Isoteinon lamprospilus lamprospilus (旖弄蝶), the rare Aeromachus jhora (寬鍔弄蝶) and Cethosia biblis (紅鋸蛺蝶). The natural woodland and the coastal wetland in Kuk Po provide a good habitat for over 100 species of butterflies.

3. Freshwater/brackish marshes comprising mainly intertidal water pond/mudflat,

mangrove, reedbed and seagrass are located along the low-lying coastal areas in the three sub-areas. In Fung Hang, a natural stream with estuarine mangrove is found in the western part. An EIS of 1 km in length flows across Kuk Po. Together with the coastal habitats, the wetland complex supports a high diversity of dragonflies and freshwater fish including Macropodus hongkongensis (香港鬥魚), Oryzias curvinotus (弓背青鱂) and Orthetrum poecilops poecilops (斑灰蜻). Kuk Po is identified as a hotspot for both freshwater fish and butterfly, and wetland plants of conservation concern Ceratopteris thalictroides (水蕨) and Sphenoclea zeylanica (尖瓣花) are recorded therein. Another EIS of 750m in length flows across Yung Shue Au, which is identified as a hotspot for freshwater fish with records of a rare goby, Stiphodon atropurpureus (菲律賓枝牙鰕虎魚). Other species of conservation concern including Orthetrum poecilops poecilops (斑灰蜻) are also recorded.

4. In consultation with Agriculture, Fisheries and Conservation Department

(AFCD), it is considered that the mature woodlands behind villages and freshwater/brackish marshes in the three sub-areas, as well as the estuarine mangrove in Fung Hang should be zoned “CA” in order to reflect the ecological importance of these natural habitats and to provide adequate planning protection for these areas whilst “GB” zoning would be appropriate to protect the rest of woodlands, shrublands and the riparian zone of stream courses.

5. Regarding the ecological information in KFBG’s submission, the AFCD

advises that: (i) the area along the natural stream in the western part of Fung Hang is not considered as a marsh; (ii) the area to the north of the channelized streamcourse and east of the footpath in Fung Hang is in fact abandoned wet farmland; and (iii) patches of marshy areas are found on the seasonally wet grassland/shrubland mosaic mainly in the eastern part of Kuk Po. AFCD has no comment on the other ecological information and records in the KFBG’s submission.

Land for Agriculture

1. Many of the lowland areas in the Area are fallow agricultural lands, which

basically spread around the village clusters and occupy the areas of gentle topography and are seasonally wet. AFCD advises that the fallow agricultural lands possess potential for agricultural rehabilitation and those covered with grasses and shrubs could be considered for “AGR” zone from the agricultural

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development point of view in order to retain agricultural land and encourage agricultural rehabilitation.

2. With a view to facilitating revitalization of the inhabited villages with

agricultural activities and preserving the rural setting in the Area, “AGR” zones are proposed to cover fallow agricultural land without dense vegetation and adjoining to the existing village clusters at more accessible locations. These include some fallow agricultural land mainly covered with grasses and shrubs in front of the existing village cluster in Fung Hang, and those amidst the existing village clusters in Kuk Po Lo Wai.

Village Development 1. From the nature conservation perspective, any direct or indirect impacts to the

ecological and landscape resources within the Country Park Enclaves and at the surrounding PCCP, as well as to its natural and rural character, should be avoided.

2. There are a number of recognized villages in the Area. Thus there is a need to

designate “V” zones at suitable locations to meet the Small House demand of local villagers after delineating the areas that have to be conserved.

3. Given the natural environment, its ecological and landscape value coupled

with its limited accessibility due to lack of vehicular access and potential natural terrain landslide hazards, an incremental approach for designation of “V” zones for Small House development has been adopted with an aim to confining Small House development at suitable locations so as to avoid undesirable disturbances to the natural environment and overtaxing the limited infrastructure in the Area. Discounting the surrounding environmentally sensitive areas, including woodland, shrubland, low-lying wetland habitat, stream course, estuarine mangrove and rocky/sandy shore which should be protected, a total of about 5.88 ha of land is covered by “V” zones including about 0.73 ha in Fung Hang, 3.63 ha in Kuk Po and 1.52 ha in Yung Shue Au. The areas reserved for Small House development mainly cover the existing village clusters and their adjoining fallow agricultural land currently covered with grasses and shrubs.

4. Although the area of the proposed “V” zones could not fully meet the Small

House demand, it is sufficient to meet the outstanding demand (i.e. one Small House). Should there be a genuine need to use the land outside the “V” zones for Small House developments, there is provision in the Notes of the draft OZP to allow for application to the Board. Each application would be considered by the Board based on its individual merits.